HARBIR SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THE suit out of which this regular second appeal arises was for specific performance of agreement dated 06.10.2011 executed by Mohinder Singh son of Ujagar Singh, general power of attorney of Gurbachan Singh Boparai.

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this regular second appeal are that appellant -plaintiff, Harbir Singh sued respondent -defendant, Gurbachan Singh through his legal heirs for specific performance of the agreement to sell dated 06.10.2001 executed by Mohinder Singh, being general power of attorney of defendant, with regard to land measuring 17 marlas situated in village Kot Kalan for consideration. The sale deed was to be executed on 05.10.2002. However, Mohinder Singh, GPA passed away. The plaintiff requested the defendant, who was residing abroad to get the sale deed executed in his favour, but the defendant put off the matter on one pretext or the other and ultimately refused to perform his part of the contract, which necessitated the plaintiff to approach the Court of first instance.

(3.) THE Court of first instance did not frame issues, however, in the light of ex parte evidence led by the plaintiff framed the question for determination whether plaintiff is entitled for the discretionary relief of specific performance of the agreement to sell dated 06.10.2001 (Ex.P -1).