RANG LAL MALIK Vs. AHEMAD KHAN AND ORS.

JUDGEMENT

(1.) THIS is second appeal against the judgment passed by Civil Judge (Junior Division), Faridabad allowing alternate relief of recovery of Rs. 40,000/ - with interest to the appellant -plaintiff and declining the relief of specific performance of the agreement dated 2.1.1992. The first appeal filed by the appellant -plaintiff was also dismissed by the Additional District Judge, Faridabad.

(2.) AS per the case of the appellant -plaintiff, defendants agreed to sell the land measuring 1 kanal 7 marlas vide agreement dated 02.01.1992 for a consideration of Rs. 60,000/ - and received a sum of Rs. 10,000/ - as earnest money. Respondent -defendant No. 3 Jabid was minor and it was agreed that the execution of the sale deed would take place within one month of obtaining permission to sell minor share by his natural guardian from the Court.

(3.) DEFENDANTS No. 1, 2 and 4 contested the claim of plaintiff inter -alia denying the execution of the agreement and receipt of any earnest money. It was also averred that they were not competent to sell share of defendant No. 3, who was minor.