GUR AKBAR AKAL KAUR Vs. TEHAL SINGH

JUDGEMENT

(1.) Tehal Singh and Darshan Singh proposed vendees instituted Civil Suit No. 350/79 on 31.7.1978 against Smt. Gur Akbar Akal Kaur and Smt. Paravandar Kaur and their general attorney Gurjodh Singh for specific performance of agreement dated 29.9.1974 of agricultural land alongwith 2/5th share in the tube-well including electric motor and engine and 2/5th share in the house situated in the revenue estate of village Kumhar Majra for a sale consideration of Rs. 46,828/- out of which Rs. 4,000/- were paid as earnest money.

(2.) The suit was contested by the defendants and after both the parties led the evidence, learned Sub Judge, Ist Class Kurukshetra vide his judgment and decree dated 29.5.1981, decreed the suit with costs on payment of balance consideration amount of Rs. 42,828/-.

(3.) The defendants preferred Civil Appeal No. 114/13 of 1981. Mr. V.M. Jain, Additional District Judge (III), Kurukshetra dismissed the appeal vide judgment and decree dated 26.7.1982. It is that judgment and decree of the First appellate Court which has been appealed against by the plaintiffs and which requires my examination of its sustainability.