JAI KARAN Vs. DALIP SINGH

JUDGEMENT

(1.) Dalip Singh (respondent herein through his LRs) brought a suit for possession of the suit property by way of specific performance against defendant Amar Singh (now appellant through his LRs), based upon an agreement to sell dtd. 1/6/1978. The suit was dismissed by trial Court of ld. Additional Civil Judge (Sr. Division), Kaithal vide judgment dtd. 1/10/1996. However, the appeal preferred by plaintiff - Dalip Singh was accepted by the Appellate Court of Ld. Additional District Judge, Kaithal, who decreed the suit vide his judgment dtd. 16/7/2001. Before the First Appellate Court itself, defendant Amar Singh had expired and his LRs had been brought on record.

(2.) Against the aforesaid reversal, the LRs of original defendant - Amar Singh have filed the present Regular Second Appeal.

(3.) Trial Court record was called. The same has been perused. In order to avoid confusion, parties shall be referred as per their status before the Trial Court.