GURMEET SINGH AND ORS. Vs. DALBARA SINGH

JUDGEMENT

(1.) CHALLENGED in the present regular second appeal is the judgment and decree dated 1.4.2010, passed by the learned Additional District Judge, SAS Nagar, Mohali, affirming that of learned Civil Judge, Junior Division, SAS Nagar, Mohali dated 6.6.2007, vide which, the suit of the plaintiffs was decreed for possession by way of specific performance of an agreement dated 27.1.1989, executed by defendant Nos. 1 to 4, vide which, they agreed to sell the land to the extent of their 1/4th share, which comes to 142 bighas 07 biswas, out of the land described in the head note of the plaint. Defendant Nos. 1 to 4 were directed to get the sale deed executed in favour of the plaintiff after receiving/depositing the balance sale consideration regarding the suit property as per terms of the agreement to sell dated 27.1.1989 within a period of three months from the date of passing of the decree otherwise the plaintiff shall be at liberty to get the sale deed executed as per law. Declaration was also granted to the effect that the sale deed Nos. 817 dated 6.5.1993, 1528 dated 3.6.1993, 1846 dated 14.6.1993 and 1425 dated 1.6.1993 are illegal, null and void and are set aside. Permanent injunction was also granted restraining the defendants from alienating the suit land in any manner and further from cutting, removing and selling the trees standing over the suit land along with the tubewell and kotha to anybody except the plaintiff.

(2.) FACTS of the case are that defendant Nos. 1 to 4 entered into an agreement to sell dated 27.1.1989 with the plaintiff to sell their 1/4th share in the suit land equal to 142 bighas 07 biswas out of the suit land. Defendant Nos. 1 to 4 have respectively 5346, 3564, 1782 share out of 4267 shares. Rs. 69,000/ - were paid by the plaintiff at the time of execution of the agreement as earnest money and balance was to be paid at the time of sale. Sale deed was agreed to be executed on or before 5.1.1991. The price of the land was settled at Rs. 34,500/ - per 5 bighas i.e. one acre. The land was agreed to be sold with share in the shamlat trees, tubewells, kothas etc. existing in the suit land. Sale deed was agreed to be executed in favour of plaintiff or anybody else of his choice or nominee. 5.1.1991 was holiday, therefore, plaintiff requested the defendants to come present on 4.1.1991 in the office of the Sub -Registrar, Kharar to get the sale deed executed. On 4.1.1991, plaintiff remained present in the office of Sub -Registrar, Kharar from 9.00 AM to 5.00 PM with requisite money to execute the sale deed but vendors/defendants did not turn up. In the evening defendants showed regret and promised to do the needful, but in vain. Plaintiff is always ready and willing to perform his part of the contract. Plaintiff had earlier filed a suit for permanent injunction against the defendants and others in the Court of Additional Senior Sub Judge, Kharar bearing No. 82 of 9.2.1991, decided on 1.12.1993 titled as Dalbara Singh v. Chinto etc., which was dismissed as withdrawn on 1.12.1993 with permission to file fresh one on the same cause of action. Thus, the present suit was filed and costs of Rs. 100/ - has been deposited in the Court. It is further alleged that during the pendency of the said suit No. 82 dated 9.2.1991 decided on 1.12.1993, defendant Nos. 1 to 4 executed certain sale deeds. Plaintiffs seek declaration that said sale deeds should be set aside. Details of sale deeds is as under: - -

(3.) DEFENDANT Baljit Singh executed registered sale deed vasika No. 1425 dated 1.6.1993 for land measuring 14 bighas 17 biswas for Rs. 99,000/ - in favour of defendant No. 5 Amrik Singh, defendant No. 6 Gurmit Singh now deceased through his LRs."