GURBACHAN SINGH Vs. HARPAL SINGH

JUDGEMENT

(1.) Civil Suit No. 769 of 16.7.1985 brought by the appellant for specific performance of contract of sale dated 30.6.1982, having been dismissed vide judgment and decree dated 13.8.1987 by the learned Sub Judge Ist Class, Fatehgarh Sahib( for short as 'the trial Court') and Civil Appeal No. 270 of 10.9.1987 brought by the appellant to challenge judgment and decree dated 13.8.1987, having met the same fate vide judgment and decree dated 11.5.1988 of the learned Additional District Judge, Patiala (for short as "the Ist Appellate Court" the unsuccessful plaintiff-Gurbachan Singh (appellant herein) has approached this Court by way of this Regular Second Appeal under Section 100 of the Code of Civil Procedure. The respondent is contesting the appeal.

(2.) Before setting out to examine the appeal on merits, it is deemed appropriate to have a glance across the conspectus of events culminating into the instant Regular Second Appeal.

(3.) The appellant had approached the learned trial Court on the plea that respondent Harpal Singh had borrowed from him an amount of Rs. 4000/- in the month of July, 1981 and having remained unable to return that amount, had executed an agreement dated 30.6.1982 for sale of abadi land measuring 2 Biswas comprised in Khasra Numbers 626(0-11) and 654(0-17) falling to his share, in favour of the appellant. The respondent started putting the appellant off on one pretext or the other when called upon to execute the sale deed and to get it registered, on the basis of the afore-stated agreement of sale, whereas the appellant had always been ready and willing to perform his part of the contract and was still ready and willing when the suit was filed.