PRITAM SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) APPELLANTS , who are the Legal Representatives of Jugraj Singh (defendant in the suit), have filed the instant appeal challenging the judgments and decrees of the Courts below whereby the suit of the plaintiff -respondents for possession by way of specific performance of agreements to sell (Ex. P3 and P5) was decreed on 19.02.2011 by the Additional Civil Judge (Sr. Division), Malout and further their appeal against the aforesaid judgment and decree of the trial Court was dismissed by the District Judge, Sri Muktsar Sahib vide judgment and decree dated 09.05.2012.

(2.) BRIEF facts of the case, as emerging out from the impugned judgments and decrees, are that Jugraj Singh (since deceased) agreed to sell 38 Kanals of land situated at Dabwali Rahurianwali in favour of the plaintiff -respondents on 02.08.2004 @ Rs. 2,55,000 per Killa and received an amount of Rs. 3.00 lakh as earnest money from them and executed an agreement to sell dated 02.08.2004 in their favour in the presence of witnesses. The date for execution of the sale deed was stipulated as 25.04.2005. The plaintiff -respondents appeared before the Sub -Registrar, Malout with balance sale consideration amount and other expenses on the agreed date of execution of the sale deed; however, the defendant did not turn up. Subsequently, on the request of the defendant, the date for execution of the sale deed was extended from 25.04.2005 to 30.12.2005 on the basis of another supplementary agreement dated 01.06.2005 (Ex.P3) in favour of the plaintiff -respondents. According to the plaintiffs, the land which was agreed to be sold was mortgaged with Kartar Singh son of Gajjan Singh son of Hari Singh for a sum of Rs. 1,60,000. The plaintiffs remained ready and willing throughout and were still ready and willing to perform their part of the contract. They further approached the defendant before the date fixed to execute the sale deed in their favour. They also appeared in the office of Sub Registrar, Malout on 30.12.2005 for getting the sale deed registered but the defendant did not turn up.

(3.) UPON notice, defendant -Jugraj Singh appeared in Court and filed written statement raising various preliminary objections. It was submitted on his behalf that he has his agricultural land at village Faqarsar, Tehsil Gidderbaha and in village Dabwali Rahurianwali. His case of surplus land of village Faqarsar was pending with the authorities and this fact was in the knowledge of the plaintiffs. They had agreed to purchase 38 Kanals of land owned and possessed by him at village Faqarsar, Tehsil Gidderbaha. The plaintiffs had agreed to get the sale deed of the suit land executed whenever it is freed from the surplus authorities and in case the land was not declared free from surplus proceedings, then the agreement shall be deemed to have been cancelled for sale thereof. The defendant further submitted that the plaintiffs wanted to grab his land situated at village Dabwali Rahurianwali and they got the agreement in question scribed in connivance with marginal witnesses and typist of the agreement to sell in question. He had executed sale deed of 12 Kanals of land situated at village Faqarsar, which was free from any dispute, in favour of the plaintiffs on 17.08.2004 for a sale consideration of Rs. 3,16,500 and withdrew from the agreement to sell dated 02.08.2004 to which the plaintiffs agreed. The defendant believed the plaintiffs and accompanied them to Malout where they got a blank stamp paper thumb marked from him in good faith on the pretext of cancellation of the agreement to sell dated 02.08.2004; and thus, dismissal of the suit was prayed.