GURMEJ RAM Vs. HARBANS SINGH

JUDGEMENT

(1.) THE facts giving rise to the filing of this second appeal may briefly be noticed in the first instance.

(2.) THE plaintiff appellant filed a suit in the trial court for possession of 2 Kanals 10 Marias of land situated in Banga, Tehsil Nawanshahr, District, Jullundur by way of specific performance of the agreement of sale dated 19th March, 1971. According to the plaintiff the aforesaid land was agreed to be sold by Bhag Singh father of defendant Nos. 1 and 2 Harbans Singh and Harjap Singh, he being their attorney. A sum of Rs. 1,000/- on account of earnest money was passed on to the attorney. According to the plaintiff-appellant the sale deed was to be executed upto 15. 4. 1971 after receiving payment of Rs. 13,000/- from the plaintiff. According to the plaintiff, he was always ready and willing to perform his part of the contract. The land having been sold to defendant No. 4, the suit for specific performance was filed on 15. 4 1974.

(3.) THE suit was resisted by defendant No. 4, the subsequent vendee. She denied that Bhag Singh was Mukhtiar-am of defendant Nos. 1 and 2 on 19. 3. 1971 and that he was competent to enter into agreement with the plaintiff to sell the land of defendant Nos. 1 and 2 The execution of the agreement of sale by Bhag Singh was also denied It was further pleaded by defendant No. 4 that she was not aware of the agreement of sale in favour of the plaintiff and was thus bona fide purchaser for value On the pleadings of the parties, the following issues were framed by the trial Court :