KULWANT SINGH Vs. BALWANT SINGH AND ORS.

JUDGEMENT

(1.) THIS is an appeal directed by the defendant appellant against the judgment and decree dated 23.1.2015 passed by Sh. Kuljit Pal Singh, Additional District Judge, Fazilka vide which the appeal preferred by the defendant appellant against the judgment and decree dated 12.10.2012 passed by Sh. Tarntaran Singh Bindra, PCS, Additional Civil Judge (Senior Division), Jalalabad was dismissed.

(2.) IN brief, the case of the plaintiff is that defendant No. 1 Kulwant Singh is owner of disputed property and he agreed for sale of disputed land in favour of plaintiff for a sum of Rs. 3,50,000/ -. Defendant No. 1 received earnest money to the tune of Rs. 2,70,000/ - from the plaintiff and he executed an agreement to sell on 16.5.2001. The sale deed was to be executed on or before 14.5.2002. On the stipulated date, the parties extended date for execution and registration of sale deed. The plaintiff remained ready and willing to perform his part of the agreement but the same could not be completed due to failure of defendant No. 1. Subsequently, defendant No. 1 has sold land measuring 14 kanals 5 marlas out of suit land to defendant No. 2 and 3. The defendants No. 2 and 3 were having knowledge of agreement to sell dated 16.5.2001. Hence, sale deed executed by defendant No. 1 in favour of defendants No. 2 and 3 is not binding upon the rights of the plaintiff. The plaintiff requested the defendant for executing the sale -deed in his favour but the defendant refused. Hence, the suit.

(3.) ON notice, the defendants appeared and contested the claim of the plaintiff.