JAGIR SINGH Vs. JIT SINGH @ AJIT SINGH

JUDGEMENT

(1.) THE plaintiff is aggrieved against the judgment and decree passed by the courts below whereby the suit for rectification of an agreement dated 1.1.1978 and the suit for specific performance of such an agreement was dismissed.

(2.) THE plaintiff has filed suit for specific performance of an agreement dated 1.1.1978 wherein the defendant is alleged to have agreed to sell 84 kanals 4 marlas of land situation in village Mallanwala Tehsil Zira at the rate of Rs. 6300/- per acre. The plaintiff has alleged that he paid Rs. 21,800/- as earnest money. Sale deed was to be executed by 10th Ashar 2036 corresponding to 24.6.1979 after getting the proprietary rights. The plaintiff alleged that he is ready and willing to perform his part of contract but the defendant No. 1 has sold the land to defendants No. 2 to 4 through registered sale deed dated 9.7.1979. The sale is favour of defendants No. 2 to 4 is without consideration and mala fide and without notice of agreement of sale is favour of the plaintiff. The plaintiff sought rectification in the said agreement in respect of the total land which was said to be 84 kanals 6 marlas, in respect of Rect No. i.e. 238 instead of 236 and total area of land i.e. 2 kanals 16 marlas in lieu of 2 kanals 12 marlas of Khasra No. 284/21/1.

(3.) IN support of his claim, the plaintiff has appeared as his own witness as PW 1 and examined Gurbachan Singh as PW2 and Jagir Singh as PW3. The plaintiff has brought on the record Ex.P.1, agreement dated 1.1.1978. The plaintiff allegedly served a notice calling upon the defendant to execute sale deed which is Ex.P.2 dated 25.6.1979. To controvert the evidence of the plaintiff, defendant Jeet Singh has appeared as D.W.1 and has also examined Bohar Singh D.W.2. The defendant has also examined few other witnesses regarding the execution of the agreements of sale dated 17.3.1978, 3.6.1978 and 5.1.1978 as well as notice dated 2.6.1978 informing the plaintiff about the agreement. The defendants also produced reply given by the plaintiff dated 16.6.1978 as Ex.D.7.