JANGA SINGH Vs. HARBANS SINGH

JUDGEMENT

(1.) Harbans Singh and Gurnam Singh plaintiff-respondents filed the present suit for specific performance of an agreement dated 17.12.1973 (Ex. PI) entered into between Karam Singh son of Jagat Singh and the plaintiffs regarding one half share of land measuring 138 Kanals 15 Marlas fully detailed in para 1 of the plaint and land measuring 46 Kanals 14-1/2 Marlas being 1/4th share of land measuring 186 Kanals 18 Marlas described in Para I of the plaint the total holdings being 115 Kanals 17 Marlas situated in village Kahnewala, for a sum of Rs. 70,000/-. Out of this amount, Rs. 30,000/- were paid as earnest money' and balance amount of Rs. 40,000/- was to be paid at the time of execution and registration of the sale deed. Last date for execution and registration of the sale deed was 15.6.1974. Karam Singh was murdered on 25.5.1974. He was a bachelor and was succeeded to by his step brother Janga Singh, defendant-appellant. Plaintiff-respondents were arrested for committing the murder of Karam Singh. They were acquitted by the Sessions Judge vide his order dated 4.11.1974. The plaintiff-respondents requested the defendant-appellant to execute the sale deed in their favour but on his refusal to do so, the present suit was filed for specific relief of the agreement.

(2.) Defendant-appellant contested the suit and pleaded inter alia that Karam Singh never executed agreement in favour of the plaintiffs and that he did not receive any earnest money; that Karam Singh was forcibly removed by the plaintiff-respondents and their father; that in any case if agreement Ex. P/1 was proved, the same was got executed by Karam Singh under undue influence and coercion. It was further asserted that Karam Singh had executed an agreement in favour of the defendant-appellant on 1.12.1966 for a sum of Rs. 20,000/- out of which a sum of Rs. 8250/- had been received by him as earnest money; that Karam Singh executed another agreement on 4.6.1967 in favour of the defendant appellant and received a sum of Rs. 3000/-. The defendant-appellant also pleaded some other agreement alleged to have been executed by Karam Singh on 21.2.1974 in favour of Balbir Singh and Pargat Singh minor sons of defendant-appellant. Karam Singh was stated to have received a sum of Rs. 10,000/- from Balbir Singh and a sum of Rs. 12000/- from Pargat Singh respectively. It was, thus, pleaded that the agreements in favour of the defendant-appellant and his sons had priority over the alleged agreement in favour of the plaintiff-respondents. Plea that agreement Ex. P1 was not enforceable, was also taken.

(3.) Replication was filed in which all the facts stated in the written statement were denied and those stated in the plaint were reiterated.