SARWAN SINGH Vs. TEJA SINGH AND ANOTHER

JUDGEMENT

(1.) Defendant No.1 is in second appeal aggrieved against the judgment and decree passed by the learned trial Court on 29.07.1989 and affirmed by the learned first Appellate Court on 29.11.1990 whereby it was held that the plaintiff continues to be owner of 1/3 rd share in the suit property.

(2.) The parties to the suit are three real brothers who are owners of a shop. The plaintiff claims that on 22.11.1984, he agreed to sell his 1/3rd share of his suit property to defendant for a consideration of Rs. 26667/-. Out of the said amount Rs. 17167/- were given to them as advance. Later another sum of Rs. 2500/- were paid by the Plaintiff. The sale deed was to be executed after loan taken on the suit property was paid to the Government in the year 1992. The stand of the plaintiff is that in case Rs. 7000/- are not paid by 31.05.1985, the earnest money received by him will stand forfeited. Since the defendants failed to pay Rs. 7000/-, the earnest money was forfeited. With these assertions, the Plaintiff filed suit asserting title over the suit property as a co-owner.

(3.) Defendant No.2-Pritam Singh was proceeded against ex parte. However, defendant No.1-the present appellant, filed written statement challenging locus standi of the plaintiff to file the suit but asserting that the plaintiff has received Rs. 26667/- as the price of his 1/3 rd share and the defendants are in possession of the shop in dispute as owners. He admitted the agreement dated 22.11.1984 and payment of Rs. 17167/- as earnest money and also payment of Rs. 2500/-. It was also asserted that Rs. 7000/- were paid to the plaintiff but no receipt was obtained and the sale deed was to be registered within 6 months after loan of Rs. 31000/- received from the Punjab Khadi and Gram Udyog Board, Chandigarh is cleared by the year 1992.