BACHAN KAUR Vs. HARBHAJAN

JUDGEMENT

(1.) Bachan Kaur-defendant has filed this regaular secondappeal against the judgment and decree dated 11.12.1987 passed by the Additional Distric Judge, Ludhiana, by wihch the appeal of Bachan Kaur defendant was dismissed and the judgment and decree dated 23.2.1985 passed by the trial Court was upheld.

(2.) Plaintiff Harbhajan Singh's suit was that on 11.8.1990, Maingal Singh (defendant No. 1) executed an agreement of sale in his favour in respect of the suit land at the rate of Rs. 40,000/- per acre; that Maingal Singh on receiving Rs. 1500/- as earnest money agreed to execute the sale-deed on or before 31.8.1980 on receiving the sale consideration but Maingal Singh came to the plaintiff and asked for extension of time for execution of the sale-deed; that after an amount of Rs. 10,000/- was paid to Maingal Singh on 30.8.1980, Maingal Singh made an endorsement on the back of the original sale agreement dated 11.8.1980 extending the time for execution of the sale-deed; that the plaintiff had been and is still ready and willing to perfrom his part of the contract, but default was committed by Maingal Singh; that rather Maingal Singh and his brother Prem Singh (defendant No. 2) suffered a collusive decre dated 17.3.1981 in favour of their mother Bachan Kaur appellant (defendant No. 3) to avoid liability under the aforesaid agreement of sale, the subsequent transferee having full knowledge of the sale agreement executed by Maingal Singh in favour of the plaintiff; and that Prem Singh had signed on 30.8.1980 as a consenting party to the subsequent extention of time for execution of the sale deed.

(3.) Maingal Singh and Prem Singh, defendant, defaulted despite due service and they, therefore, were proceeded ex parte by the trial Court.