JAGJIT SINGH Vs. JAGTAR SINGH AND AMRINDER SINGH

JUDGEMENT

(1.) Defendant Jagjit Singh (appellant herein) has filed this regular second appeal against the judgment and decree dated 16.1.2012, passed by the learned Additional District Judge, Ludhiana, whereby in an appeal and cross objections, the cross objections filed by defendant/appellant were dismissed and the appeal filed by the plaintiffs (respondents herein) was allowed. Learned Additional Civil Judge (Senior Division), Ludhiana, vide judgment and decree dated 16.5.2005, had partly decreed the suit for recovery of Rs. 50,000/- alongwith proportionate costs and interest at the rate of 6% per annum from the date when the amount became due till its realization.

(2.) Briefly stated, the plaintiffs/respondents had filed a suit for joint possession of land measuring 23 kanals 11/2 marlas being 1/4th share of the land measuring 92 kanals 3 marlas, fully detailed in the headnote of the plaint, situated in village Burj Hakima, Tehsil Raikot, District Ludhiana, by way of specific performance of the agreement dated 2.2.1994, executed by defendant/appellant in favour of the plaintiffs/respondents. In the alternative, the prayer was made for recovery of Rs. 6,50,000/-, out of which Rs. 6,00,000/- is the principal money and Rs. 50,000/- is interest.

(3.) The case of the plaintiffs/respondents before the lower Court was that the defendant/appellant is the owner of the suit land. He (defendant) was working as a travel agent and offered to send the plaintiffs/respondents to United States of America (USA). For this purpose, he (defendant) received a sum of rupees seven lacs from the plaintiffs/respondents, as per details given below:-