BALJEET SINGH AND ORS. Vs. RAJESH AND ORS.

JUDGEMENT

(1.) APPELLANTS and legal representatives of vendee -Chhaju Ram, who entered into agreement to sell dated 5.7.1999 (Ex.PW1/A) in respect of residential property for a sum of Rs. 35,000/ -. As per the agreement to sell, target date for execution and registration of the sale deed was fixed as 18.1.2000. During the subsistence of the agreement to sell, Chajju Ram, during his life time, is stated to have sold the same to appellants/defendants No. 2 and 3, for a sum of Rs. 37,000/ -.

(2.) AS per the case set up by the respondents -plaintiffs, Chajju Ram refused to execute and register the sale deed on the target date, which necessitated to avail remedy by filing suit for specific performance, in the year 2000.

(3.) THE trial Court on the basis of evidence, decreed the suit of the respondents -plaintiffs directing defendant No. 1 to execute the sale deed in favour of the plaintiff, as per agreement dated 05.07.1999, within a period of two months, failing which, the plaintiff - respondent No. 1 had been given liberty to seek execution and the registration of sale deed through the process of Court. Vendor Chajju Ram, during the pendency of the suit died, but none of his LRs appeared on his behalf nor were brought on record.