GURJIT SINGH AND ORS Vs. SARBAN AND ORS

JUDGEMENT

(1.) A suit for specific performance filed by plaintiff Inder Singh (now deceased) for 3/4th share of land measuring 78 kanals 15 marlas was decreed by the trial court on 27.01.2007. Appeal preferred by the plaintiff for decreeing the suit as a whole for specific performance of the entire land measuring 78 kanals 15 marlas was also dismissed on 30.5.2009. Similarly, the appeal preferred by the defendants for dismissing the suit as a whole was also dismissed.

(2.) Aggrieved against the said judgments, both parties had again come up in this Court. RSA No. 3167 of 2009 preferred by defendants No. 1 and 2 has already been dismissed by this court vide judgment dated 31.08.2009. Now the appellant/plaintiff's appeal is before me for disposal.

(3.) The case of the plaintiff is that he along with defendant No.3 Prem Singh entered into an agreement for purchase of 78 kanals 15 marlas of land as fully detailed in the heading of the plaint with the defendants No.1 and 2. Terms and conditions of the agreement in nutshell were:- (i) that the plaintiff would purchase 3/4th share and defendant No.3 would purchase 1/4th share of the suit land; (ii) price of the land would be Rs.50,000/- per acre (iii) earnest money of Rs.2.50,000/- was paid and the remaining earnest money was to be paid on or before 15.6.1998; (iv) if the plaintiff fails to execute the sale deed then the earnest money would be forfeited and in case the defendants fail to execute the sale deeds then the plaintiff would have right to get the sale deed executed by making payment of the remaining sale consideration, through the court of law; (v) it was agreed that the possession would be delivered to the plaintiff. However, it was not delivered because of the stay order passed by the court in a suit pending between the defendants and a third party. It was also agreed that the plaintiff could get the sale deed in the terms of the agreement, executed in his own name or in the name of any one he desired.