DEVINDER SINGH Vs. GURDEEP SINGH

JUDGEMENT

(1.) The plaintiff filed suit for possession in respect of 3 kanal 3 marla of land i.e. 2/9 share of the land measuring 14 kanal 3 marla situated in village Ballo Majra, Tehsil Mohali, District Ropar by enforcing the agreement to sell dated 15.7.2003 executed by defendants No. 1 & 2 in his favour @ Rs. 4,05,000/- per acre after receiving Rs. 40,000/- as earnest money. The sale deed was to be executed upto 30.12.2003. It is alleged in the plaint that the plaintiff was always ready and willing to perform his part of the agreement and though the last date for execution of the sale deed was 30.12.2003 but the defendants No. 1 & 2, keeping the plaintiff into dark, executed the sale deed of the suit property in favour of defendant Nos. 3 & 4 on 15.7.2003. Thus, it is alleged that the cause of action has arisen to the plaintiff to file the suit when he came to know about the sale deed executed by defendants No. 1 & 2 in favour of defendants No. 3 & 4. He also prayed that the sale deed bearing vasika number 2149 dated 31.10.2003 executed by defendants No. 1 & 2 in favour of defendants No. 3 & 4 be also declared illegal, null and void. Thus suit was filed on 15.11.2003. The defendants No. 1 & 2 did not appear despite service and were ultimately proceeded against ex parte on 8.12.2004. However, defendants No. 3 & 4 appeared and filed written statement alleging that they have purchased the property in dispute from defendants No. 1 & 2 and the suit is not maintainable.

(2.) On the pleadings of the parties, following issues were framed on 25.4.2005:-

(3.) The trial Court dismissed the suit of the plaintiff but the appellate Court decreed it directing that the sale deed of the suit land be executed in favour of the plaintiff and the sale deed in favour of defendants No. 3 & 4 dated 31.10.2003 was held to be illegal. The present appeal has thus been filed by defendants No. 3 & 4.