BHAGWAN SINGH (DECEASED) REPRESENTED BY RANJIT SINGH AND OTHERS Vs. NAWAB MOHAMMAD IFTIKHAR ALI KHAN, NAWAB MALERKOTLA AND OTHERS

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff against the judgment and decree of the Subordinate Judge 1st Class, Sangrur, dated 7th of August, 1971 dismissing his suit for specific performance of the agreement to sell by defendant No. 1, dated 12th of January, 1966.

(2.) BRIEFLY , the case of the plaintiff is that Nawab Mohd. Iftkhar Ali Khan, defendant No. 1 entered into an agreement dated 12th of January, 1966 with the plaintiff and agreed to sell land measuring 12/13 bighas situated at Malerkotla. He received Rs. 1,000/ - as advance. It was further agreed that the sale deed was to be executed by defendant No. 1 before 1st of March, 1966 and in case he failed to do so, the plaintiff was entitled to get the same executed through the Court and to receive Rs. 5000/ - as compensation. The plaintiff further states that he has been always ready and willing to perform his part of the agreement but the defendant committed breach of the agreement and sold some land in favour of defendant No. 2, who had full Knowledge about his agreement with defendant No. 1 and agreed to sell some land to defendant No. 3. Consequently, he prayed that a decree for specific performance be passed in his favour. In the alternative he claimed Rs. 5000/ - as damages.

(3.) THE learned trial Court held that the plaintiff was ready and willing to perform his part of the agreement and the defendant committed breach thereof, that defendant No. 2 had come to know about the factum of agreement between the plaintiff and defendant No. 1 and that the agreement to sell was vague and indefinite as regards identity of the land. Consequently it dismissed the suit for specific performance. However, it passed a decree for recovery of Rs. 1,000/ - given as earnest money, in favour of the plaintiff. He has come up in appeal against the judgment and decree of the trial Court to this Court.