SARABJIT SINGH Vs. SALAMAT MASIH AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal has been filed by plaintiffSarabjit Singh against the judgment and decree passed by Additional Civil Judge (Senior Division), Jalandhar whereby his suit seeking specific performance of agreement dated 13.03.1992 concerning land measuring 61 kanals 2 marlas was dismissed.

(2.) Briefly stated, the case of plaintiff is that on 13.03.1992, defendant no. 1-Salamat Masih had agreed to sell his land measuring 61 kanals 2 marlas for a total consideration of Rs. 3,51,000/- and received a total sum of Rs. 3 lacs on different dates i.e. Rs. 1 lac on 21.01.1992, Rs. 1 lac on 28.01.1992 and Rs. 1 lac on 13.03.1992. The balance sale consideration of Rs. 51,000/- was to be paid at the time of execution of sale deed. Some litigation with regard to suit land with third party was pending, as such, it was agreed that sale deed will be executed after decision of that case. Possession of the suit land was already with the plaintiff who digged the earth for manufacturing of bricks, installed two tube-wells and constructed two tube-well rooms thereon. On decision of pending litigation, the plaintiff contacted defendant no. 1 for execution of sale deed and was informed that he had already sold the land to defendants no. 2 and 3 vide two sale deeds. Defendants no. 2 and 3 were aware of the agreement between the parties and have purchased the suit land despite that information.

(3.) In written statement defendant no. 1 denied execution of any agreement to sell the suit land in favour of the plaintiff and dubbed agreement dated 13.03.1992 as forged and fabricated document. It was alleged that Labhu Masih was original owner of the land measuring 183 kanals 6 marlas, which include the suit land. Labhu Masih had executed a Will dated 17.03.1976 in favour of his two sons Rehmat Masih and Salamat Masih. Rehmat Masih sold his 1/2 share to one Joginder Singh whereas Salamat Masih sold his 1/6th share of his holding in favour of Mansimran Singh and Sarabjit Singh Makkar (plaintiff). He (Salamat Masih) sold his remaining share in his land to Itpal Singh and Gurvinder Singh, defendants no. 2 and 3 respectively vide sale deeds dated 17.03.1997 and 04.04.1997 and delivered the actual possession to them. Defendants no. 2 and 3 are in actual possession of the suit land. All the other averments of the plaintiff were contested, controverted and denied.