SAWINDER SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) The Regular Second Appeal in the States of Punjab, Haryana and Union Territory, Chandigarh, is governed by Sec. 41 of the Punjab Courts Act, 1918 and not by Sec. 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court in Pankajakshi (Dead) through LRs Vs. Chandrika and others, (2016) 6 SCC 157.

(2.) In this regular second appeal, defendant No.1 assails the correctness of the judgment and decree passed by the First Appellate Court while decreeing the plaintiff's suit for grant of decree of declaration by way of specific performance of the agreement to sell. The trial Court held that defendant executed the agreement to sell in favour of the plaintiff with respect to land measuring 14 kanal and 16 marlas. However, the relief of specific performance was declined while granting alternative relief of refund on the ground that defendant No.2 to 6 are bonafide purchasers. The First Appellate Court on reappreciation of evidence concluded that defendant No.2 to 6 are not bonafide purchasers and in fact they are close relatives of not only the plaintiff but also of the defendant No.1. They are also neighbours and co-villagers. Moreover, Sh. Karnail Singh-defenant No.2 has admitted that Sh. Sawinder Singh-defendant No.1 is his uncle, whereas, Sh. Hardev Singh-plaintiff is his cousin. Thus, the First Appellate Court held that defendant No.2 to 6 are not proved to be bonafide purchasers.

(3.) Defendant No.2 to 6 have not filed any second appeal. This appeal has been filed by defendant No.1 (the original vendor).