JASWANT SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) THIS Regular second Appeal has been filed by Jaswant Singh, a defendant, against the judgment and decree of Additional District Judge, Kapurthala, dated April 30, 1984, whereby the judgment and decree dated December 17,1981, passed by the Sub Judge 1st Class was reversed and the suit filed by Karam Singh for specific performance of the contract was decreed. Karara Singh claimed specific performance of an agreement dated December 8, ,977, vide which he had agreed to purchase the land in dispute for a sum of Rs. 24,000/ -. A sum of Rs. 1,000/- was paid as earnest money The next instalment was to be paid of Rs. 12,000/- and another instalment of Rs. 11,000/- thereafter. The amount was offered and the defendants were called upon to sell the land. The agreement was entered into by attorney of the defendants, who refused to accept the money on the pretext that he would do so after informing the defendants Karam Singh also claimed to be in possession of the suit land as a tenant even prior to the execution of the alleged agreement. He further alleged that the suit land was sold to Jaswant Singh defendant for a sum of Rs. 40,000/- subsequently, who had prior knowledge of the agreement in favour of the plaintiff.

(2.) THE suit, was contested by the defendants. Jaswant Singh claimed to be bonafide purchaser of the land in dispute, having no knowledge of the agreement of sale in favour of the plaintiff.

(3.) ANOTHER suit was filed by Jaswant Singh that he was a tenant in the land in dispute under the original owner since Khariff 1976 and he purchased the land on August (sic)0,1979. Karam Singh had illegally dispossessed him. Previously he filed a suit for injunction against Karam Singh and others, not to interfere in his possession. Since possession of Karam Singh was illegal, therefore, he (Jaswant Singh) had a right to recover the same.