(1.) Plaintiffs are in second appeal.
(2.) For convenience, the parties hereinafter are referred to by their original position in the suit i.e. the appellants as the plaintiffs and the respondent as the defendant.
(3.) Plaintiffs filed suit for possession of a land measuring 79 Kanal 9 Marlas situated in village Jahan Khelan, Tehsil and District Hoshiarpur as detailed out in the plaint. As per the pleadings raised in the plaint, the defendant along with Mohinderpal, Parkash and Bant Ram entered into an agreement to purchase suit land for a valuable consideration of Rs.37,000.00 with the plaintiffs on 12th of August, 1967. Amount of Rs.37,000.00 was received by the plaintiffs vide subsequent agreement dated 19th of August, 1967. Actual possession of the land was delivered to the defendant with a right to cut trees from the suit land. Defendant sold trees. Three of the proposed transferees but for defendant in the present suit, filed suit for possession by way of specific performance of agreement to sell and in the alternate prayed for recovery of Rs.37,000.00. Defendant was impleaded as defendant No.1 in the said suit. Decree was passed qua alternate relief and recovery of Rs.18,500.00 was ordered. The judgment attained finality. In order to recover possession from the defendant instant suit was filed. However, he filed written statement showing his unwillingness to get specific performance.
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