JAGTAR SINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) Plaintiff, aggrieved by the denial of a decree for possession by way of specific performance of agreement to sell dtd. 9/8/1983, filed the instant appeal.

(2.) For the sake of convenience, parties to the lis hereinafter, shall be referred to by their original status in the suit.

(3.) The undisputed facts of this appeal are that Sant Dharam Singh, the predecessor-in-interest of the defendant, executed an agreement to sell dtd. 9/8/1983 (Annexure P-1), regarding the suit land, in favour of plaintiff for total sale consideration of Rs.23,500.00. He received Rs.4,000.00 as earnest money from plaintiff on various dates, with due acknowledgment written on the agreement to sell. Sant Dharam Singh, agreed to execute the sale deed on or before 9/2/1984. Sant Dharam Singh passed away on 27/7/1984. Upon his death, defendant and his mother, as his legal heirs became owner of the suit land.