THAKAR SINGH Vs. JAGAT SINGH AND ANOTHER

JUDGEMENT

(1.) This is a revision petition by Thakur Singh defendant No. 1 against the order of the District Judge, Hoshiarpur dated 26th March, 1985.

(2.) Briefly the plaintiff's case is that he purchased the land in dispute from his father Mehnga Singh vide sale deed dated 7th August, 1975. He alleged that the defendants wanted to take its forcible possession. Consequently he filed a suit for injunction restraining the defendants from interfering in his possession.

(3.) The plaintiff also filed an application for ad-interim injunction which was contested by defendant No. 1, who pleaded that he entered into an agreement of purchase regarding 14 Kanals 11 Marlas of land, which included the land in dispute, with Mehnga Singh prior to 1971. The vendor failed to execute the sale deed in his favour. Consequently he filed a suit for specific performance which was decreed in his favour on 21st April, 1973. After the passing of the decree, Mehnga Singh refused to comply with it. Therefore, the Court appointed the reader of the Court to execute a sale deed in favour of the defendant-petitioner. The sale deed was executed by him on 1st June, 1977. It is further averred that the plaintiff had failed two civil suits earlier for the same relief and the same had been dismissed. Consequently, the plaintiff was estopped from filing the suit by his act and conduct. It is also pleaded that the sale was a collusive one between the plaintiff and defendant No. 2, his father. The sale in favour of the plaintiff is also hit by rule of lis pendens. The plaintiffs filed objections in the executing Court on similar grounds but the same were rejected.