RULDU SINGH Vs. INDER SINGH

JUDGEMENT

(1.) This appeal has been filed by the defendant against the judgment and decree of the Subordinate Judge, First Class, dated March 12, 1962, by which he decreed the suit of the plaintiffs for specific performance of the contract of sale.

(2.) Briefly the facts of the case are that the defendant agreed to sell a part of his agricultural land, a house and a tour situated at Duphera to the plaintiffs for a consideration of Rs. 5,660/- vide agreement of sale, dated January 13, 1958. The consolidation proceedings were going on in village at the time of contract. The defendant undertook to obtain sanction for sale. He further agreed that he would sell the land which would be allotted to him in lieu of the agricultural land bearing Khasra numbers as given in the sale deed and the cut shall be borne by him. It was also stipulated that if the defendant obtained the sanction and the plaintiffs failed to get the sale deed in their favour, then the earnest money would be forfeited. Another term provided that the plaintiffs shall have a turn of water from the well which would be allotted to them. It is further stated in the plaint that the plaintiffs were ready and willing to perform their part of the agreement but the defendant backed out. They, therefore, instituted the suit claiming specific performance of the contract. The defendant contested the suit and inter alia pleaded that the plaintiffs were not ready and willing to purchase the property in accordance with the terms of contract. He further stated that he never agreed to sell vacant site and the house as alleged by the plaintiffs. Some other pleas were taken which will be clear from the reading of the issues framed by the Court which are as follows :-

(3.) The trial Court held that the defendant agreed to sell the house and taur, that the plaintiffs were ready and willing to perform their part of the agreement and that the defendant backed out from the same. Consequently, it decreed the suit of the plaintiffs on payment of Rs. 5,495/- less half of the expenses of registration of sale deed. The defendant has come up in appeal against the judgment and decree of the trial Court to this Court.