(1.) The plaintiff-appellant is in second appeal before this Court.
(2.) A suit for specific performance of the agreement dated 23.6.2000 to sell land measuring 5 kanals 10 marlas situated within the revenue estate of village Charik, Tehsil & District Moga at the rate of Rs.2,70,000/- per acre, was filed by the plaintiff stating that the agreement had been entered into between him and defendant No.1, namely, Iqbal Singh. Further relief of declaration was also sought stating that the saledeed dated 4.7.2000 executed by defendant No.1 in favour of defendants No.2 and 3 regarding the land in dispute would not be binding upon the rights of the plaintiff and the same is the result of collusion, being without consideration and the same being liable to be set aside. It was pleaded that Iqbal Singh, defendant No.1 had agreed to sell 5 kanals 10 marlas of land vide agreement to sell dated 23.6.2000, Exhibit P1, @ Rs.2,70,000/- per acre. A sum of Rs.50,000/- was paid towards earnest money and the last date for execution of the sale-deed was fixed upto 22.6.2002. In terms of the agreement, it was stipulated that in case the purchaser backed out of the promise, then the earnest money would stand forfeited and on the other hand, if the proposed vendor i.e. Iqbal Singh, defendant No.1 failed to execute the sale-deed, then he would be liable to return Rs.50,000/- i.e. the earnest money as well as in addition thereto Rs.50,000/- towards liquidated damages i.e. a total of Rs.1 lac. The plaintiff further pleaded that defendant No.1 had illegally executed the sale-deed dated 4.7.2000 in favour of defendants No.2 and 3 and such sale-deed is the result of fraud and connivance and the same is not binding upon the rights of the plaintiff. The plaintiff also asserted that he was always ready and willing to pay the balance sale price and in the light of the fact that his conduct as a vendee was without any blemish, he was entitled to the relief of specific performance of the contract dated 23.6.2000.
(3.) Defendant No.1 - Iqbal Singh upon notice admitted the fact of having entered into the agreement to sell dated 23.6.2000 and also admitted the receipt of Rs.50,000/- as earnest money. He further took a plea that the sale-deed dated 4.7.2000 in favour of vendees-defendants No.2 and 3 had been executed on account of coercion and undue influence. He claimed that he was not aware as to what document was scribed but admitted that his thumb impression had been taken upon the sale-deed. Defendant No.1 thereafter chose not to appear and was proceeded ex parte. Defendants No.2 and 3 filed separate written statements and took a plea that defendant No.1 - Iqbal Singh had agreed to sell the land measuring approximately 5 kanals @ Rs.95,000/- in terms of agreement to sell dated 3.2.2000 and had agreed to execute the sale-deed by 5.8.2000 and initial amount of Rs.47,500/- had been paid as earnest money. Later on, defendant No.1 had executed the sale-deed for a sale consideration of Rs.95,000/- on 4.7.2000 and as such, defendants No.2 and 3 were bonafide purchasers of the suit land for valid consideration.