RAMINDER SINGH Vs. SHAM LAL

JUDGEMENT

(1.) This is a second appeal by defendants Nos. 2 and 3 against the judgment and decree of the District Judge Chandigarh, dt. 19th May, 1975.

(2.) Briefly, the facts are that Mehar Singh defendant No. 1 was. the owner of two houses situated in Mani Majra, which were under mortgage with Jagir Singh defendant No. 3 For a sum of Rs. 3,000/-. He entered into an agreement to sell the houses with Raminder Singh defendant No. 2 vide agreement deed dt. 27th December, 1970 (Exhibit D-1). Later, on 3rd January 1971, he made an agreement for sale of the said houses with the plaintiff for g sum of Rs. 4,800/. The agreement to sell is Exhibit P. 7. Out of the consideration. an amount of Rs. 300/- was paid by the plaintiff as advance to him. Out of the balance a sum of Rs. 3,000/- was to be paid by the plaintiff to the mortgagee and Rs. 1500/to defendant No. 1 at the time of execution of the sale deed which was to be got executed within one week. On 5th January, 1971, a sale deed was executed by defendant No. 1 in his favour on a judicial stamp paper of Rupees 300/- and was presented before the Sub-Registrar Jagir Singh raised an objection before the Sub-Registrar that defendant. No. 1 had agreed to sell the house to him and. therefore, the sale-deed be not registered. The Sub-Registrar accepted ha request and did. not register the sale deed.

(3.) Defendant No. 2. on 11th January, 1971, instituted a suit in the Court of Subordinate Judge IInd Class. Chandigarh, for specific performance of the agreement of sale dated 27th December, 1970, Exhibit D. 1. and obtained an ad interim injunction against defendant No. 1. restraining him to sell the houses to the plaintiff. Ultimately. the suit was dismissed on 28th February. 1972. on the ground that defendant No. 2 was not ready and willing to perform his part of the agreement. Defendant No. 1, on the same day executed two fresh sale deeds, Exs. P. 1 and P. 2 in favour of the plaintiff and those were presented before the Sub-Registrar for registration. Defendants Nos. 2 and 3 appeared before the Sub-Registrar and represented to him that they wanted to file an appeal against the decree of the Subordinate Judge IInd Class and therefore the sale deeds be not registered for some time. The Sub-Registrar accepted their prayer. However, they did not file any appeal.