BALDEV SINGH Vs. HARBHAJAN SINGH AND ORS.

JUDGEMENT

(1.) Plaintiff is in second appeal against concurrent judgment and decree passed by the Courts below. Plaintiff filed suit for specific performance in respect of 32 Bigha 01 Biswa on the basis of agreement to sell dated 08.08.1983. Plaintiff pleaded that defendant No.1-Bachittar Singh and defendant No.6-Nirmal Singh were real brothers and they entered into agreement to sell in respect of 32 Bigha 01 Biswa of land vide agreement to sell dated 08.08.1983 @ Rs. 6,000/- per bigha. They received Rs. 26,500/- as earnest amount and target date for execution of sale deed was fixed upto 15.06.1984. The agreement in question was signed by Bachittar Singh and Nirmal Singh was the consenting party. The plaintiff always remained ready and willing to perform his part of contract, but defendant No.1 in collusion with defendant No.6 sold the suit land in favour of defendants No.2 to 5 in an unlawful manner. In alternate, plaintiff claimed money decree of Rs. 53,000/- as refund of earnest amount and damages.

(2.) The suit was contested by the defendants. Defendants No.1 to 6 jointly contested the suit and took the stand that defendant No.1 was never the owner of 32 Bigha 01 Biswa and was not competent to execute agreement to sell. Defendant No.6 contested the suit by alleging that he never consented to the above agreement to sell. The factum of agreement to sell on behalf of defendant No.1 was denied and receipt of earnest amount was also denied and it was claimed that the agreement to sell was invalid, unenforceable and illegal. They took the stand that they had executed one agreement to sell dated 11.01.1983 in favour of Jit Singh @ Rs. 5500 per bigha and the defendants No.1 and 6 had executed sale deed dated 26.04.1984 in favour of defendants No.2 to 5 at the instance of aforesaid Jit Singh who got the same executed in favour of his assignees. Defendants No.2 to 5 also contested the suit by alleging that they had purchased 45 Bigha 08 Biswa of land from defendants No.1 and 6 on the basis of agreement to sell dated 11.01.1983 executed by defendant No.1 and 6 with Jeet Singh. They further claimed that they were bona fide purchasers for consideration and without notice of agreement to sell dated 08.08.1983.

(3.) After filing of the replication, following issues were framed by the trial Court:-