DEEP SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) THE defendants are in second appeal against the judgment and decree passed by the first appellate court whereby the suit for possession by way of specific performance of agreement to sell dated 8.7.1984 was decreed in appeal.

(2.) DEFENDANT No. 1 Surjan Singh was owner of land measuring 10 kanals 16 marlas. As per the plaintiffs he agreed to sell the land in favour of the plaintiffs on 8.7.1984 and received Rs. 10,000/- as earnest money. The land was agreed to be sold at the rate of Rs. 20,000/- per acre. At the time of agreement the land was under mortgage with possession with Mohinder Singh son of Teja Singh i.e. father of defendants No. 2 to 4 for a consideration of Rs. 10,000/-. Said mortgage amount was to be paid by the plaintiffs at the time of execution of the sale deed. Sale deed was to be executed and registered on or before 20.12.1984 and the balance sale consideration was to be paid before the Sub Registrar. The plaintiffs claimed that they were always ready and willing to get the sale deed executed in terms of the agreement but defendant No. 1 sold the land in favour of defendants No. 2 to 4. It has further been pointed out that the plaintiffs earlier filed a suit for permanent injunction against the defendants restraining them from alienating the land.

(3.) ON the pleadings of the parties the following issues were framed :