WARYAM SINGH Vs. GURNAM SINGH

JUDGEMENT

(1.) This appeal is by the defendants in a suit for specific performance of the agreement to sell the land in dispute, which was decreed by Senior Sub Judge, Faridkot, on 22/07/1978.

(2.) Gurnam Singh and others, plaintiffs, entered into an agreement dt. Aug. 11, 1973 with Waryam Singh defendant No. 1, who agreed to sell the land in dispute to Gurnam Singh and others for Rs. 31,000.00. A sum of Rs. 7,500.00 was accepted by him towards earnest money and out of the sale consideration on payment of the mortgage amount the mortgage was to be redeemed which was with Murli Dhar and others. The sale deed was to be executed by 28/05/1974. Since Waryam Singh defendant tried to alienate the land in favour of other defendants, the present suit was filed for specific performance of the agreement along with damages to the extent of Rs. 5,000.00 on account of breach of the contract. The suit was contested by Waryam Singh and some of the other defendants. Waryam Singh admitted execution of the agreement aforesaid. However, he asserted that only a sum of Rs. 2,500.00 was paid to him as advance and the plaintiffs had committed breach of the contract. The other defendants (mortgagees) as well as intending purchasers contested the suit and denied agreement in favour of the plaintiffs. They also pleaded breach of contract on the part of the plaintiffs that they were not ready and willing to perform their part of the contract by discharging mortgage amount before coming to the Court. According to them this was a condition precedent. They claim to be bona fide purchasers without notice of the previous agreement. Waryam Singh had entered into an agreement to sell in favour of defendants Nos. 2 to 7 on Aug. 27, 1973 for Rs. 35,000/and had received a sum of Rs. 5,000.00 as earnest money. The sale deed was to be executed on Nov. 15, 1973. The following issues were framed in the case :-

(3.) On the evidence led, the trial Court decided all the issues in favour of the plaintiffs and decreed the suit. Issue No. 1 :-