BALWINDER SINGH Vs. JARNAIL SINGH AND OTHERS

JUDGEMENT

(1.) Jarnail Singh, plaintiff/respondent No.1, had brought Civil Suit No.278/20.07.1983 before the Sub Judge Ist Class, Faridkot (hereinafter referred to as the 'trial Court') for possession of land measuring 02 kanals out of Khasra No.2153/1182 situated in the revenue estate of village Sarawan and for recovery of Rs.11,000/- with interest @ 12% per annum from Balwinder Singh, defendant No.1, and Surjit Singh, defendant No.2, by impleading his mother, brothers and sisters as proforma defendants.

(2.) Case set up by the plaintiff before the learned trial Court was that his father Fagga Singh had sold land measuring 12 kanals 04 marlas to Surjit Singh (defendant No.2) vide sale deed dated 05.06.1980, registered on 19.06.1980 (Exhibit P-7), for a consideration of Rs.41,000/-. At the time of execution of the sale deed, possession of land measuring 09 Kanals 04 marlas only could be delivered. Further according to case of the plaintiff/respondent No.1, in the sale deed a recital was made that Fagga Singh had received from the vendee an amount of Rs.11,000/- at his home, whereas no such amount was received by him and in that view of the matter on 19.06.1980, defendant No.1, Balwinder Singh, had executed an agreement in favour of Fagga Singh to the effect that he would get possession of the remaining land measuring 03 kanals (wrongly written 03 kanals 06 marlas in the plaint) and on delivery of possession of that land would pay to Fagga Singh the remaining amount of Rs.11,000/-. It was also agreed by said Balwinder Singh, defendant No.1, that in the event of his failure to pay the agreed amount of Rs.11,000/- to Fagga Singh, the latter would be entitled to get possession of land measuring 02 kanals sold by him vide aforesaid sale deed dated 05.06.1980 and could also recover the amount of Rs.11,000/- from the 1st defendant, Balwinder Singh. Fagga Singh died on 16.10.1982 bequeathing his entire estate upon him (the plaintiff/respondent No.1) by way of a Will. The 1st defendant, Balwainder Singh, refused to pay the agreed amount of Rs.11,000/- as also possession of the land measuring 02 kanals, which prompted the plaintiff to approach the learned trial Court for the afore-stated relief.

(3.) Surjit Singh, defendant No.2, did not appear before the learned trial Court and was proceeded against ex parte.