ISHWAR SINGH AND OTHERS Vs. VED PARKASH

JUDGEMENT

(1.) This is defendants' second appeal challenging the judgment and decree dated 11.05.2011 of the lower appellate Court whereby appeal filed by the plaintiff-respondent against dismissal of his suit vide judgment and decree dated 17.11.2010 of the Civil Judge (Junior Division), Sonepat has been accepted and his suit for specific performance of the agreement to sell in question with a further direction to the defendant-appellants to execute the sale deed in his favour and further restraining them from alienating the suit property to anyone except the plaintiff-respondent, has been decreed.

(2.) Plaintiff-Respondent filed the instant suit pleading that Chander son of Bhai Ram, father of the appellants, was owner of the suit land measuring 4 Kanals 9 Marlas. He agreed to sell the suit land in favour of the plaintiff-respondent @ Rs. 6.00 lakh per acre and received Rs. 1,24,000 as earnest money and executed an agreement to sell and receipt dated 09.04.2004 in the presence of the witnesses. At that time, the land was under mortgage with one Maha Singh. The vendor had undertaken to get the land cleared from attachment and mortgage before execution of the sale deed on or before 30.04.2004.

(3.) On the appointed day, the plaintiff-respondent waited for vendor Chander, but he did not turn up to perform his part of the contract, whereas the plaintiff-respondent was ready with the sufficient funds for balance sale consideration and expenses. The plaintiff-respondent approached the vendor on the next day, who disclosed him that he was unable to redeem the mortgage for want of funds; however, he assured execution of the sale deed after getting the said land redeemed.