NIRMAL SINGH Vs. SANTOKH SINGH AND ORS.

JUDGEMENT

(1.) PLAINTIFF Nirmal Singh is in appeal against the judgment and decree dated 7.12.1988 passed by Additional District Judge, Hoshiarpur, whereby, judgment and decree dated 10.12.1987 passed by the Additional Senior Sub Judge, Hoshiarpur was set aside and the suit of the plaintiff for alternate relief was decreed.

(2.) PLAINTIFF filed suit for specific performance in respect 12 kanals 14 marlas of land on the basis of agreement to sell dated 28.6.1982 on the ground that agreement to sell was executed in respect of 12 kanals 14 marla of land for a total sale consideration of Rs. 20,000/ -. An amount of Rs. 15,000/ - was paid as earnest money and the remaining amount of Rs. 5,000/ - was agreed to be paid on the date of registration of the sale deed. As per the agreement, defendant No. 1 was to execute and register the sale deed as and when the same was redeemed and within one month from the date of receiving such information of redemption. It was alleged that defendant No. 1 committed breach of agreement and he instead executed sale deed in favour of defendants No. 2 and 3. Plaintiff alleged that he was always ready and willing to perform his part of agreement and defendants No. 2 and 3 had all the knowledge of the agreement to sell in favour of the plaintiff as he was delivered possession of the land in question.

(3.) DEFENDANTS No. 2 and 3 also contested the suit, claiming themselves to be bona fide purchasers for consideration. They also pleaded that they had no knowledge about the agreement to sell in favour of the plaintiff.