KULDIP SINGH Vs. PARKASH SINGH AND OTHERS

JUDGEMENT

(1.) Defendant no.2 Kuldip Singh has filed the instant second appeal.

(2.) Respondents no.1 and 2/plaintiffs Parkash Singh and Mangal Singh filed suit against Balwinder Singh -- defendant no.1/respondent no.3 and appellant Kuldip Singh -- defendant no.2, for possession of 04 kanals suit land being 80/3247th share of 162 kanals 07 marlas land, by specific performance of the agreement to sell dated 10.02.2006, and in the alternative, for recovery of Rs.2,00,000/-.

(3.) The plaintiffs alleged that defendant no.1, being owner of the suit land, agreed to sell the same to the plaintiffs for Rs.2,00,000/- and received Rs.1,36,000/- as earnest money. Sale deed was to be executed on or before 10.02.2007, extended to 10.05.2007, with mutual consent vide endorsement dated 10.02.2007. It was 'no working' day of Sub Registrar on 10.05.2007. Accordingly, plaintiffs went to the office of Sub Registrar on 11.05.2007 with requisite amount to get the sale deed executed in terms of the agreement, but defendant no.1 did not turn up committing breach of the agreement. Plaintiffs have always been ready and willing to perform their part of the contract. On the other hand, defendant no.1 executed sale deed dated 25.05.2007 of the suit land in favour of his own nephew -- defendant no.2/appellant. The said sale deed is illegal and null and void and not binding on the plaintiffs. Defendant no.2 already had knowledge of the impugned agreement.