N K GHAI Vs. GOPAL SINGH AND OTHERS

JUDGEMENT

(1.) By this order, I intend to dispose of Two Regular Second Appeal bearing Nos.4206 of 2009 and 4801 of 2010 as the common questions of law and facts involved in both the appeals are the same. Regular Second Appeal No.4206 of 2009 has been filed against the judgment and decree, whereby Civil Suit bearing No.232 dated 6.5.1989 for permanent injunction restraining the defendants from dispossessing the plaintiff, except in due course of law from plot bearing No.500/430 Sq.yards bearing No.39, situated at South Model Gram, Guru Arjun Dev Park, Ludhiana, has been dismissed and Regular Second Appeal No.4801 of 2010 has been filed against the judgment and decree, whereby Civil Suit No.232/9.5.1989/346/22.8.1989 for specific performance of the agreement to sell dated 7.11.1987/15.7.1988 has been decreed.

(2.) It would be apt to give brief preface to the facts leading to filing of the aforementioned suits, before adverting to the contentions and rival contentions of the parties to the lis.

(3.) The agreement to sell was witnessed by attesting witnesses H.S.Arora and P.P.Sharma. Gopal Singh moved complaints dated 22.6.1988, 29.6.1988 and 4.7.1988 to various authorities and ultimately compromise, dated 15.7.1988, was arrived at between the parties, according to which, defendant No.1-Gopal Singh agreed to execute the sale deed regarding area measuring 438 Sq.yards on receipt of a sum of Rs. 1,79,580/- less Rs. 20,000/- already received. It was further agreed that in case the area of the plot came out to be more than 438 Sq.yards, the plaintiff shall pay another sum of Rs. 9215/-. The aforementioned agreement-cum-compromise was scribed by Kartar Singh Shah, DSP, Police Lines and was signed by Gopal Singh and attested by P.P.Sharma and Kartar Singh Shah. Defendant Gopal Singh could not secure necessary clearance certificate from the Income Tax authorities and as well as under the Urban Land Ceiling Act and, therefore, could not execute the sale deed.