KEHAR SINGH Vs. SATNAM CHAND

JUDGEMENT

(1.) Defendants are in second appeal. Defendants/appellants are the subsequent vendors aggrieved of decree of specific performance granted in favour of the plaintiffs.

(2.) For convenience, the parties herein after are referred to by their original position in the suit i.e. the defendants as the appellants and the respondents as the plaintiffs.

(3.) Plaintiffs filed suit seeking decree of specific performance of agreement to sell dated 31st of March, 1986 pertaining to suit land described in the plaint ad-measuring 14 Kanals 16 Marlas. It was pleaded by the plaintiffs that defendant No.1 entered into an agreement to sell suit land in their favour on 31st of March, 1986 for a valuable consideration of Rs.30,500.00. At the time of agreement to sell, she received Rs.10,000.00 as earnest money. Possession of the suit land was delivered on the spot. Parties agreed to get the sale deed executed on or before 30th of March, 1987 on payment of balance sale consideration. However, prior to the agreed date, on 16th of October, 1986 defendant No.1 executed sale deed pertaining to the suit land in favour of defendants No.2 and 3. Plaintiffs always remained ready and willing to perform their part of the contract as per the terms and conditions contained therein. Legal notice was served upon defendant No.1 by the plaintiffs through their counsel to get the sale deed executed. It was further claimed that defendants No.2 and 3 are real cousins of the plaintiffs. Land of defendants No.2 and 3 was situated abutting the suit land and defendants No.2 and 3 were in the knowledge that the possession of the land has been delivered to the plaintiffs, yet in order to defeat rights of the plaintiffs they got the sale deed executed in their favour.