BALRAJ KAUR Vs. SATNAM SINGH, GPA

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment dated 20.08.2011 passed by learned Addl. District Judge, Jalandhar, which was filed against the judgment and decree dated 14.02.2008 passed by learned Civil Judge (Jr. Divn.), Jalandhar, whereby the suit filed by the plaintiffrespondent (herein after to be referred as 'the respondent') for possession by way of specific performance of agreement to sell dated 03.04.1999, was decreed in his favour.

(2.) BRIEF facts of the case are that the respondent filed a suit for possession by way of specific performance of the agreement to sell dated 03.04.1999 by pleading the defendant -appellant ( herein after to be referred as 'the appellant') along with her sister and brother Bahadur Singh @ Pavittar Singh entered into agreement to sell dated 03.04.1999 for selling 46 kanals 4 marla of land @ 3,75,000/ - per acre to their respective shares. Two lacs were paid as the earnest money to the appellant and her brother and sister and the rest of the amount was payable at the time of the execution of the sale deed dated 15.06.2000.

(3.) DUE to the death of the brother of the appellant, namely Yugraj Singh, the appellant and her other brother Bahadur Singh and sister Amarjit Kaur will remain bound to execute the sale deed in favour of the respondent qua the share of Yugraj Singh (deceased) in the land in dispute after getting the land mutated in their favour. Amarjit Singh and Bahadur Singh executed sale deeds in terms of the agreement respect of 23 kanals 02 marlas as per their share, while the appellant failed to appear in the office of Sub -Registrar, Bhogpur on 19.06.2000 for execution of the sale deed as per agreement to sell dated 03.04.1999 but the attorney of the respondent remained present there.