BALBIR SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) THIS is second appeal by plaintiff Balbir Singh, who was successful in the trial court, but has been non-suited by the lower appellate court.

(2.) PLAINTIFF initially filed suit against respondent no.1 Manjit Kaur only as defendant, for possession of the suit land by way of specific performance of agreement to sell dated 13.05.1999, alleging that defendant no.1 agreed to sell the suit land (one kanal) to plaintiff @ Rs.4,200/- per marla and received Rs.20,000/- as earnest money and executed agreement dated 13.05.1999. The plaintiff has always been ready and willing to perform his part of the contract, but defendant committed breach thereof, necessitating the filing of the instant suit.

(3.) DEFENDANT no.1, in her written statement, admitted the execution of the impugned agreement by her in favour of plaintiff, but pleaded that plaintiff himself was not ready and willing to perform his part of the agreement, and therefore, she sold the suit land to defendant no.2, vide sale deed dated 27.04.2000 and accordingly, defendant no.2 is owner in possession of the suit land.