AJAIB SINGH Vs. MAJOR SINGH & OTHERS

JUDGEMENT

(1.) Plaintiff-Ajaib Singh is in second appeal. Plaintiff's case is that defendants No.1 and 2 agreed to sell the suit land measuring 18 biswas 16 biswansis to the plaintiff at the rate of Rs. 60,000/- per bigha and received Rs. 35,000/- as earnest money and executed agreement dated 11.12.2002. Plaintiff has always been ready and willing to perform his part of the contract but defendants No.1 and 2 committed breach thereof. Date for execution of sale deed was stipulated in the agreement to be 12.12.2003. However, prior to it, defendants No.1 and 2 intended to sell the suit land to defendant No.3 or somebody else. Accordingly, on 11.10.2003 plaintiff filed suit for permanent injunction restraining defendants No.1 and 2 from doing so. In the said suit, interim status quo order regarding alienation was passed on 11.10.2003 while issuing notice of the suit and injunction application for 22.10.2003. In spite of said order, defendants No.1 and 2 sold the suit land to defendant No.3 vide sale deed dated 19.11.2003. Defendant No.3 also had knowledge of the impugned agreement. Accordingly, plaintiff sought possession of the suit land by specific performance of the agreement by execution of sale deed of the suit land by all the three defendants. In the alternative, the plaintiff also sought recovery of money.

(2.) Defendants contested the suit and denied the averments of the plaintiff. Defendant No.3 also claimed to be bonafide purchaser of the suit land for valuable consideration without notice of impugned agreement as well as without notice of injunction suit, which had been earlier instituted by the plaintiff. Various other pleas were also raised.

(3.) Learned trial court instead of decreeing the suit for specific performance of the agreement, decreed the suit for recovery of Rs. 70,000/- with interest. First appeal preferred by plaintiff has been dismissed by the lower appellate Court.