AMRIK SINGH Vs. JAWAHAR SINGH AND OTHERS

JUDGEMENT

(1.) For reasons mentioned in the application, which is accompanied by affidavit, delay of 60 days in re-filing the appeal is condoned.

(2.) Plaintiff Amrik Singh, who was non-suited by the trial court, but whose suit has been partly decreed by the lower appellate court, has filed the instant second appeal.

(3.) Case of the plaintiff-appellant is that defendants No. 1 to 11 are owners of 84 kanals 03 marlas land in suit, being 1/6th share of land measuring 507 kanals 19 marlas. Defendants No. 1 to 5 agreed to sell the suit land to the plaintiff @ Rs1,27,000/-per acre and also agreed to associate defendants No. 6 to 11 in the sale. Defendants No. 1 to 5 received Rs. 1,50,000/-as earnest money from the plaintiff and executed agreement dated 09.06.1994. Sale deed was to be executed on or before 09.12.2004 in favour of plaintiff and defendants No. 12 and 13. On 03.12.1994, time for executing the sale deed was extended up to 09.03.1995 by making endorsement on the back of the agreement by defendants No. 1 to 5. Defendant No. 2 sold 10 kanals 10 marlas land to plaintiff's brother Sukhdev Singh with the consent of plaintiff and defendant No. 12 and 13, vide sale deed dated 17.04.1995. However, defendants No. 1 to 11 failed to perform their part of the contract regarding the remaining suit land, although the plaintiff has always been ready and willing to perform his part of the contract. Accordingly, plaintiff sought specific performance of the impugned agreement to sell against defendants No. 1 to 11 regarding the remaining suit land measuring 73 kanals 13 marlas and in the alternative, sought recovery of Rs. 3,00,000/- being double the earnest money.