RAJPAL SINGH Vs. NASIB SINGH

JUDGEMENT

(1.) THE challenge in this petition is to the order dated April 17, 2000 passed by the Additional District Judge, Patiala, whereby the suit filed by the respondent was remanded to the trial Court, for decision afresh issue Nos. 1 and 2.

(2.) THE plaintiff-respondent filed a suit for specific performance of contract to sell dated June 5, 1987 with regard to agricultural land measuring 7 Bighas and 11 Biswas, situated at village Ajraur, Tehsil Rajpura, District Patiala, which is a part of big chunk of land measuring 38 Bighas and 16 Biswas, which was purchased by Mukhtiar Singh, predecessor-in-interest of petitioner Nos. 1 and 3, from Assistant Registrar (exercising the powers of Sales Officer, Co-operative Societies) on December 20, 1979, for a sum of Rs. 22,000/- in open auction. He allegedly deposited a sum of Rs. 5,500/- on December 21, 1979, and the remaining sum of Rs. 16,500/- was deposited on December 26, 1979. On December 26, 1979 Mukhtiar Singh allegedly entered into an agreement to sell with the plaintiff-respondent and three others for the sale of one-half share of the said land for Rs. 11,000/- and the agreement was allegedly reduced into back and white. It has further been contended that Mukhtiar Singh executed an additional agreement to sell in favour of the plaintiff-respondent in respect of the agricultural land measuring 7 Bighas and 11 Biswas for a sum of Rs. 4,000/- on June 5, 1987. The grievance of the plaintiff-respondent was that Mukhtiar Singh had failed to perform his part of the agreement as he did not sell the land to him and three others, as agreed to. He, therefore, filed a suit for specific performance of the agreement.

(3.) THE learned trial Judge on the pleadings of the parties framed a number of issues. However, it gave findings on the following two material issues on the point:-