CHINT RAM Vs. LEKH RAJ & OTHERS

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment and decree passed by the First Appellate Court whereby the suit filed by the plaintiff-appellant-Chint Ram seeking the relief of specific performance of agreement in respect of land measuring 141/4 Marla out of the land measuring 2 Kanals 17 Marlas bearing Khasra No.93 comprising Khewat No.176 Khatauni No.270 as per Jabamabdi for the year 1980-81 situated in village Hajipur, H.B. No.357 Tehsil Dasuya District Hoshiarpur, was dismissed.

(2.) In the later part of judgment the parties will be referred as plaintiff and defendants as per the original civil suit.

(3.) Plaintiff-Chint Ram filed suit pleading that on 15.08.1979 the defendants Des Raj and Balwant Rai through their attorney Sh. Mulkh Raj entered into an agreement to sell the suit land for a sum of Rs. 3,000/- and earnest money of Rs. 1,000/- was paid at the time of agreement. The sale deed was to be executed and got registered after the conclusion of the partition proceedings. The plaintiff was given the possession of the suit property adjoining the road on the North and Muslim Takia (Graveyard) on its East. The plaintiff was always ready and willing to get the sale deed executed. On 05.08.1983 he came to know that defendant No.2 has come to the village and is negotiating his sale with defendant No.1. He appeared before the Sub-Registrar, Mukarian and filed objection to the registration of the sale deed executed by defendant No.2 in favour of defendant No.1.