KHAJAN SINGH Vs. GURNAM SINGH & OTHERS

JUDGEMENT

(1.) Suit was filed by petitioner-Khajan Singh-plaintiff no.1 (since deceased and represented by legal representatives) along with Major Singh as plaintiff no.2 (since deceased and represented by respondents no.7 to 13 CR No.1036 of 2002 as legal representatives) against respondent no.6 Prem Chand as defendant no.1 and against respondents no.1 to 5 as defendants no.2 to 6, for specific performance of the agreement to sell dated 06.10.1989 entered into by defendant no.1 Prem Chand in favour of plaintiff regarding the suit land.

(2.) Transfer of the suit land by defendant no.1 in favour of defendants no.2 to 6 by judgment and decree and lease deed was also challenged in the suit. Learned trial Court vide judgment and decree dated 15.05.2001 Annexure P-1 decreed the said suit in the following terms:

(3.) The aforesaid application was opposed by defendants by filing reply. The defendants also filed application under Section 28 of the Specific Relief Act for recession of the contract due to non-payment of the balance sale price within stipulated period. Plaintiffs contested the said application by filing reply.