BEANT SINGH AND ANOTHER Vs. NACHHATAR SINGH

JUDGEMENT

(1.) THIS is a regular second appeal brought by the defendants against the judgment and decree dated 7.10.2011 passed by learned Civil Judge [Junior Division], Ajnala and judgment and decree dated 6.3.2013 passed by learned District Judge, Amritsar. Nachhatar Singh, the plaintiff had brought a suit for specific performance of agreement of sale dated 14.7.2005 in respect of land measuring 13 kanals 6 marlas being 5/6 share of land measuring 16 kanals situated in Village Khiala Khurd, Tehsil Ajnala, District Amritsar properly detailed in the headnote of the plaint.

(2.) THE case of the plaintiff has been that on 14.7.2005, the defendants agreed to sell the aforesaid land for a consideration of Rs. 14,00,656/ -. The defendants received a sum of Rs. 4,50,000/ - as earnest money out of which a sum of Rs. 2,00,000/ - was paid in cash and Rs. 2,50,000/ - was paid by way of cheque. The agreement was reduced to writing in which usual terms as to performance thereof were incorporated. The plaintiff claimed himself to be ready and willing to perform his part of the contract and has also claimed that the defendants were not ready to do so and hence, the suit.

(3.) ON the pleadings of the parties, following issues were framed by learned trial court.