HARI SINGH Vs. SMT. GANGA DEVI AND ORS.

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decree of the lower Appellate Court dated 20.09.2012 whereby judgment and decree of the trial Court has been modified to the extent of declining the relief of specific performance of agreement dated 18.01.2005 to the extent of ?th share in the suit land.

(2.) As per the averments made in the suit, defendant-respondents were owners and in possession of the plot in dispute. Defendant No. 1 (now respondent No. 7) entered into an agreement to sell on 18.1.2005 with regard to plot in question on behalf of other defendants and obtained a sum of Rs.67,000.00 in the presence of witnesses executed the agreement to sell in question. It was further averred that as per the terms and conditions of the aforesaid agreement, possession of the suit property was also delivered to the vendee. Last date for execution and registration of sale deed was fixed as 31.12.2005. Out of the above vendors, Sandeep and Naveen were minors and defendant No. 1 was responsible for seeking permission of the Court to sell the share on their behalf. As per the further averments made in the suit, defendant No. 1 was also responsible for bringing the remaining vendors present at the time execution and registration of the sale deed. However, defendants did not turn up on the stipulated date for executing the sale deed. Thus, the instant suit was filed.

(3.) Upon notice, defendant No. 1 appeared and filed written statement alleging that he had neither entered into the alleged agreement to sell with the plaintiff for himself and on behalf of other defendants nor obtained a sum of Rs.67,000.00 as earnest money as alleged. It was further denied that possession of the suit property was ever delivered to the plaintiff. It was specifically averred by defendant No. 1 that he was neither having any right to enter into alleged agreement on behalf of other defendants nor he has done so.