DALIP SINGH Vs. JAGDISH SINGH

JUDGEMENT

(1.) THIS is defendant's appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court whereby the suit of the plaintiff was decreed as prayed for.

(2.) BRIEFLY put, the plaintiff filed a suit for possession by means of specific performance of the sale agreement dated 19.10.1976 executed by Maninder Singh alias Sawinderjit Singh in favour of the plaintiff in respect of sale of 1/3rd share of land measuring 26 Kanals 10 Marlas as per details given in the plaint or in the alternative for grant of a decree of Rs. 4000/ - against defendant No. 1 on account of return of earnest money and damages/compensation for breach of the above mentioned sale agreement. According to the plaintiff, as per agreement dated 19.10.1976 to the sale deed was to be executed and registered by defendant No. 1 by 15 Jaith Samat 2034 corresponding to 28th May, 1977 and in case he refuses to execute the same, he was to pay back the earnest amount of Rs. 2000/ - and in equal sum by way of damages and in case the vendee refuses to get the sale deed executed, the amount of earnest money was to be forfeited. It is further the case of the plaintiff that he was in possession of the whole land i.e. 26 kanals 10 marlas as he had already purchased 2/3rd share of 26 kanals 10 Marlas of land from the other two co -sharers. The plaintiff further stated that he is tenant at will and so is in possession of the suit land. With these broad averments, it has been stated that the sale deed dated 14.2.1977 effected by defendant No. 1 in favour of defendant No. 2 does not bind the plaintiff in any manner and is liable to be set aside.

(3.) ON the pleadings of the parties, following issues were framed: -