MALA DEVI Vs. JAGDISH CHAND

JUDGEMENT

(1.) THE respondent-plaintiff Jagdish Chand filed a suit for specific performance alleging that Mala Devi, defendant No. 1 entered into agreement to sell the suit property for Rs. 14,000/- vide agreement dated 28.2.1995 and delivered possession thereof on receiving the payment but failed to execute the sale-deed.

(2.) THE suit was contested. Agreement and receipt of sale consideration was denied and it was stated that defendant No. 1 had agreed to sell the site in question to Surinder Kaur, defendant No. 2 on 24.2.1995 after receiving Rs. 13,500/- and delivered possession to her and also executed power of attorney in her favour on 9.3.1995.

(3.) ON appeal, the lower appellate Court, while affirming the finding on proof of due execution of agreement dated 28.2.1995 and willingness of the plaintiff to perform his part of the contract, reversed the finding of the trial Court that decree for specific performance need not be passed. It was held that agreement Ex. D.1 was to defeat the rights of the plaintiff; no sale deed had been executed nor Surinder Kaur took any steps to enforce her rights. It was held that plaintiff could not be declined specific performance once execution of agreement and willingness to perform his part of the contract was duly proved and when no bona fide transfer was proved. Learned counsel for the appellant submitted that the trial Court was justified in declining the relief of specific performance on account of previous agreement with Surinder Kaur.