KISHAN SINGH Vs. MOHINDER SINGH ETC.

JUDGEMENT

(1.) THIS is appeal by Kishan Singh, Defendant No. 2 against Mohinder Singh, Plaintiff and Jawand Singh, Defendant No. 1, respectively, impleaded as Respondents Nos. 1 and 2 directed against the judgment of Shri Om Parkash Saini, Sub -Judge 1st Class, Ludhiana, dated July 31, 1962, decreeing the suit of the Plaintiff for possession by specific performance of agreement dated October 21, 1960, Exhibit P. 4 entered into between the Plaintiff and Defendant No. 1 for sale of vacant sites of land measuring 212 1/2 square yards and 86 square yards comprised in khasra No. 2817/1292, situate in Taraf Saidan within the municipal limits of Ludhiana.

(2.) FACTS leading to the appeal are as under:

(3.) DEFENDANT No. 1 in his written statement admitted the fact, of his having entered into an agreement with the Plaintiff for sale of the land at Rs. 18.50 per square yard but pleaded that the breach by avoidance or refusal to appear for registration of sale deed was committed by the Plaintiff and not by him and that the Plaintiff did not possess sufficient money for paying the balance of the sale price and getting the deed registered. He added that the stamp paper had been purchased by him and not by the Plaintiff, that the Plaintiff did not turn up at the time the deed was presented for registration and consequently the amount received by Defendant No. 1 as advance stood forfeited and the suit deserved to be dismissed.