DHARAMVIR Vs. SURASTI DEVI (DECEASED)

JUDGEMENT

(1.) CM No.15239-C of 2014

(2.) The brief facts of the case are that plaintiff-appellant filed a suit against defendant-respondent for specific performance of agreement dated 18.05.1993. It is stated in the plaint that on 18.05.1993, the defendant on the basis of an undertaking arrived at through a family settlement, agreed to sell land measuring 150 kanals 9 marlas for a sum of Rs. 19 lacs and after receiving total sale consideration, executed an agreement to sell in favour of the plaintiff and undertook to execute the sale deed as and when desired by the plaintiff. The possession of the suit land was delivered and continuous to be with the plaintiff. It is further stated that defendant filed a civil suit titled as 'Smt.Surasti vs. Dharamvir etc.' concerning an area measuring 139 kanals 3 marlas, which included the land measuring 80 kanals, out of the suit land seeking restraint order and that was abandoned by the defendant. Thereafter, plaintiff approached the defendant to execute sale deed but she kept putting him off on one pretext or the other, though the plaintiff had always been ready and is still ready to perform his part of the said agreement.

(3.) It is further pleaded that the defendant, who is more than 90 years of age, at the instance of Ram Singh, Karni Singh and Ganpat Rai, had refused to execute the sale deed. The plaintiff filed a suit for permanent injunction on 02.06.2004 in good faith, which is still pending. As there was defect in that suit for the reason of not asking for grant of correct relief, present suit has been filed.