KISHAN SINGH Vs. HARDIAL SINGH

JUDGEMENT

(1.) This is a Letters Patent Appeal filed on behalf of defendant Kishan Singh, against the judgment of a learned Single Judge who had dismissed his Regular First Appeal against the judgment of the trial Court, by which the suit for specific performance of agreement to sell in favour of Hardial Singh, plaintiff (now respondent) had been decreed. Briefly the facts of the case leading to this appeal are:

(2.) One Amar Singh (now a proforma respondent) had entered into an agreement to sell, dated 29th March, 1974 (Exhibit P. 1) with Hardial Singh, plaintiff, whereby agricultural land measuring 11 Kanals 14 Marlas was agreed to be sold for a sum of Rs. 27,000/. A sum of Rs. 6,000.00 was paid as earnest money on that day. Since the land was already mortgaged with a third person in the sum of Rs. 16,000.00, that much money was left with the plaintiff Hardial Singh to be paid to the mortgagee. The balance amount of Rs. 5,000.00 was to be paid at the time of registration of the sale-deed, which was to be executed by June 15, 1974. However, later on the time for execution of the sale-deed was extended upto 30th Sept., 1974. On getting an inkling that vendor Amar Singh was selling the land in dispute to Kishan Singh, defendant-appellant, Hardial Singh, plaintiff, issued registered notices to Amar Singh as well as Kishan Singh not to sell the suit land to anybody and get the sale-deed executed. However, registered notices sent to Kishan Singh were received back with the report that he is not available at his residence.

(3.) On Feb. 3, 1975, Amar Singh vendor executed a sale-deed in favour of Kishan Singh regarding the suit land for a sum of Rs. 24,000.00. Since the vendor Amar Singh had failed to execute the sale deed, as contemplated in favour of Hardial Singh plaintiff, he filed a civil suit on Feb. 11, 1975 for possession of the suit land through specific performance of the agreement to sell dated March 29, 1974 (Exhibit P. 1). It was pleaded in the plaint that on Sept. 30, 1974, the plaintiff had gone to the office of the Sub-Registrar, Chamkaur Sahib with the remaining consideration money for getting the sale-deed executed from defendant Amar Singh, but he did not come to execute the sale-deed in his favour.