LAWS(P&H)-2014-8-145

HARI SINGH Vs. MASTAN SINGH

Decided On August 13, 2014
HARI SINGH Appellant
V/S
MASTAN SINGH Respondents

JUDGEMENT

(1.) THIS is defendant's second appeal challenging the judgment and decree of the trial Court dated 5.10.1982 whereby suit of the plaintiff -respondent for specific performance of the agreement to sell in question was decreed. Further challenge has been laid to the judgment and decree of the Lower Appellate Court dated 25.7.1986 dismissing his appeal against the aforesaid judgment and decree of the trial Court.

(2.) AS per the averments made in the suit, appellant Hari Singh agreed to sell the suit property in favour of plaintiff -respondent No. 1 for a sum of Rs. 8,000/ - and entered into an agreement dated 28.4.1980 and received a sum of Rs. 2,000/ - as earnest money. It was the further case of plaintiff -respondent No. 1 that Hari Singh -appellant further received a sum of Rs. 5700/ - on 2.7.1980 and the remaining amount was to be paid at the time of registration of the sale deed which was to be executed upto 1.8.1980. It was the further case of plaintiff -respondent No. 1 that he was ready and willing to perform his part of the agreement to get the sale deed executed at his expenses but the defendant -appellant did not turn up. Hence, the present suit.

(3.) AT this stage, it may further be noticed that on an application moved by Gurdial Kaur wife of Hari Singh -appellant, she was joined as defendant No. 2 in the suit (now respondent No. 2), who contested the suit stating that her husband Hari Singh never entered into an agreement with plaintiff -respondent No. 1. He neither agreed to sell the suit land nor received any amount as earnest money from him. According to her, she was the owner in possession of the suit land in view of the judgment and decree dated 18.3.1981.