TEJ KAUR Vs. DEVINDER KAUR

JUDGEMENT

(1.) The defendants have approached this Court through the present Regular Second Appeal.

(2.) The plaintiffs filed a suit for possession by way of specific performance of an agreement of sale dated July 5, 1977. The plaintiffs claimed that Tej Kaur; defendant No. 1 had agreed to sell the land measuring 14 bighas 2 biswas described in the plaint for a total consideration of Rs. 35,250/- at the rate of Rs. 2,500/- per bighas. At the time of execution of the agreement, defendant No. 1 had received a sum of Rupees 2,000/- as earnest money from the plaintiffs and the sale deed was to be executed on or before May 31, 1978. The plaintiffs claimed that defendant No. 1 intended to sell the suit land to defendants Nos. 2 and 3, therefore, the plaintiffs filed a suit for permanent injunction against the defendants for restraining them from alienating the suit land.

(3.) The suit was contested by the defendants. They denied execution of the said agreement dated July 5, 1977 in favour of the plaintiffs. Receipt of the earnest money was also denied. It was also denied that the plaintiffs were always ready and willing to perform their part of agreement.