SHAM KAUR Vs. MALAGAR SINGH

JUDGEMENT

(1.) This first appeal has been filed by the Defendants in a suit brought by Malagar Singh for possession by specific performance of contact of land measuring 27 Kanals 18 Marias which was decreed by Sub Judge I Class Moga, on October 23, 1979.

(2.) On December 23, 1975, Sham Kaur entered into an agreement to sell land measuring 27 Kanals 18 Marias in favour of Malagar Singh. A sum of Rs. 7000/ - at that time was paid towards earnest money. The remaining part of the sale consideration was to be paid at the time of execution and registration of the sale deed which was to be done on or before May 20, 1976. Sham Kaur vide sale deed dated December 30, 1975 sold 3/8th share out of the land comprising certain Khasra numbers in favour of Narain Kaur -Defendant No. 2. Coming to know of the intention of Sham Kaur to sell the land in. favour of Narain Kaur, Malagar Singh moved an application before the Sub Registrar informing him of his previous agreement to sell in his favour and that he should not register the sale deed in favour of Narain Kaur. The Sub Registrar -brought this fact to the notice of Narain Kaur before registration of the sale deed in her favour. Since the sale was effected the Plaintiff -Malagar Singh filed this suit for specific performance of agreement. In the alternative he also prayed for return of Rs. 7000/ -, the earnest money and another amount of Rs. 7000/ - towards damages which was contemplated in the agreement.

(3.) Both the Defendants (the present Appellants) contested the suit. Sham Kaur pleaded that instead of Rs. 7000/ - she was paid only Rs, 1500/ - and the remaining amount was to be paid in the village. Since this was not done even on her demand, the Plaintiff cancelled the agreement. Thus the Plaintiff was not entitled to specific performance of the agreement. Other pleas were also taken that the suit was pre -mature arid the Plaintiff was not ready and willing to perform his part of the contract. The sale in favour of Narain Kaur was admitted. Narain Kaur took up the plea that she was a bonafide purchaser for consideration and without notice of the previous agreement in favour of Malagar Singh. The Plaintiff controverted these allegations in his reflection . The trial proceeded on the following issues: