GULSHAN KANDA Vs. MOHINDER SINGH AND ORS

JUDGEMENT

(1.) This is the plaintiff's appeal against the judgment dated 6.12.2007 passed by the first appellate court dismissing the appeal against the judgment dated 25.09.2006 passed by the trial court whereby suit of the plaintiff for specific performance and in the alternative for recovery of Rs.60,000/- was dismissed.

(2.) In nutshell, the facts are that the defendant No.3/respondent (herein referred as the defendant No.3) being the general attorney of defendant No1 Mohinder Singh and Sarwan Singh son of Ragga Singh (since deceased) now represented by defendants Nos. 2-A to 2-C had entered into an agreement for sale of land, as fully detailed in the heading of the plaint on 12.7.1993 and after receiving a full and final payment of Rs.30,000/- he had executed the agreement. The plaintiff has always been ready and willing to perform his part of the contract but the defendants failed to execute the sale deed. Despite repeated requests, they did not perform their part of the contract.

(3.) Upon notice, the defendants did not appear in the court, as such, the trial court proceeded against them ex parte. Trial court while holding that through agreement Ex.P.4, the defendants never intended to sell the property but it was executed for securing some debt, dismissed the suit of the plaintiff.