BAJ SINGH Vs. MANMOHAN SINGH

JUDGEMENT

(1.) THIS regular first appeal is directed against judgment and decree of the trial Judge whereby he decreed the suit of plaintiff respondent No. 1 for specific performance of the agreement to sell dated August 30, 1973.

(2.) THE facts : Defendant-respondent No. 2 (hereinafter referred to as the Vendor') entered into agreement to sell dated August 30, 1973 with plaintiff-respondent No. 1 (hereinafter referred to as the 'plaintiff') agreeing to sell land measuring 56 Kanals fully described in the agreement for Rs. 35,000/ -. The vendor did not execute the sale dated as per the terms of the agreement to sell On the contrary, in violation of the terms of the agreement to sell, he sold the property to Baj Singh, appellant vide sale deed dated June 23, 1975 during the pendency of the suit, which was filed on June 11, 1975, thus, giving rise to this appeal. The vendor and the subsequent vendor contested the suit.

(3.) THE trial Judge, after examining the evidence, found that the execution of the agreement to sell dated August 30, 1973, was duly proved and that the terms of the agreement to sell were specific and not vague and suffered for no ambiguity. He also found that the subsequent vendee (the appellant) was not bona fide purchaser for consideration without prior notice of the agreement to sell in favour of the plaintiff. Resultantly he decreed the suit. The subsequent vendee has come up in first appeal against the judgment and decree of trial Judge.