JASBIR SINGH Vs. BAHADUR SINGH

JUDGEMENT

(1.) Though the afore-titled appeals arise out of separate judgments and decrees, I propose to decide them together, for, the parties to the lis are the same, so is the suit land. The facts are intertwined and, therefore, it would be more appropriate to decide both cases by way of a single judgment, though, facts of both cases shall independently be referred.

(2.) It is a classic case of ill intent, fraud and abuse of the process of law, as a result of which, Bahadur Singh and Nasib Kaur have been prevented from become owners of the suit land which they had agreed to purchase vide agreement to sell dtd. 19/12/2002. Before referring to the specific facts of each case, a bird's eye view of the matter is required to be noticed.

(3.) The suit land, measuring 44 kanal 14 maria, situated in the revenue estate of village Sandaur, Tehsil Malerkotla, District Sangrur was owned by one Avtar Singh. Avtar Singh executed an agreement to sell on 19/12/2002 in favour of Bahadur Singh and Nasib Kaur. He agreed to sell the suit land to them at the rate of Rs.73,000.00 per bigha. Earnest Money of Rs.2,00,000.00 was paid to him. The sale deed was to be registered on or before 29/5/2003.