BHARPOOR SINGH Vs. BAL KRISHAN & ANOTHER

JUDGEMENT

(1.) Counsel for the petitioner does not press this application.

(2.) As per the facts of the case, plaintiff-respondent No.1 filed a suit for possession by way of specific performance of agreement to sell dated 23.1.1996 in respect of land measuring 163 square yards out of land measuring 1226 square yards, fully detailed in the plaint and also for execution and registration of sale deed in his favour or in the alternative, for recovery of an amount of Rs.74,980/- paid as sale consideration to respondent No.2 through the appellant being his special power of attorney and further for delivering the possession of the land in dispute to respondent No.1, making an averment that respondent No.2 is owner of half share of the land measuring 4 kanals 1 marla comprised in square No.65 Killa No.23/1-Min South and 23/2/1- Min South with an area of 1226 square yards. Respondent No.1 further averred that respondent No.2 through the appellant had earlier entered into an agreement to sell for 1/4th share of the aforesaid land. It was further averred that a portion of the land was acquired by HUDA in the year 1992 and possession thereof was also taken from respondent no.2 and he also received the compensation. Out of the awarded compensation, respondent no.1 received an amount of Rs.60,330/- by way of cheque from the appellant.

(3.) It was the further case of respondent No.1 that he received back the price of 143 square yards and was entitled to purchase 3061/2 square yards of land and therefore, for 163 square yards, he had paid an amount of Rs.74,980/- @ Rs.460/- per square yards at the time of execution of agreement to sell dated 23.1.1996 executed by the appellant on behalf of respondent no.2 and thus, the decree for possession through specific performance of agreement dated 23.1.1996, vide which the appellant being special power of attorney of respondent no.2 had agreed to sell 163 square yards of land out of land measuring 1226 square yards with an area 118' x 931/2' belonging to respondent no.2, be passed in his favour or in the alternative, recovery of an amount of Rs.74,980/- along with interest @ 24% per annum by way of damages on the aforesaid amount was prayed.