ANOKH DEVI Vs. TRILOK SINGH

JUDGEMENT

(1.) This defendant's regular second appeal against the judgment and decree of the District Judge affirming in appeal the judgment and decree passed by the trial Court.

(2.) Plaintiff filed a suit for possession by way of specific performance of agreement dated 20.11.1977 against Babu Singh. As per averment made in the plaint, Babu Singh agreed to sell the land measuring 65 Kanals 18 marlas as detailed in agreement dated 20.11.1977 for a consideration of Rs. 51,000/ - and he received a sum of Rs. 14,000/ - as part purchase price on the same day. As per terms mutually agreed between the parties, the sale deed was to be executed by 15.6.1978. It was further agreed that in case of default by the plaintiffs, the earnest money shall stand forfeited and in case defendant No. 1 resiles from executing the sale deed, the plaintiffs, shall be entitled to compensation of Rs. 20,000/ -. It is the case of the plaintiffs that they were ever ready and willing to perform their part of the contract and for which they had issued notice to Babu Singh defendant. Defendant Babu Singh, however, refused to perform his contract. Not only this, he transferred this land to the names of defendants No. 2 to 5 suffering a collusive and fraudulent decree in {their favour on 11.4.1978. Accordingly, the plaintiffs impleaded these persons also as defendants.

(3.) Defendant No. 1 put in appearance and filed written statement controverting the various material averments made in the plaint Defendant No. 1 alleged that he never agreed to sell the suit land nor he received any earnest money from the plaintiffs and in case the plaintiffs have any agreement in their possession, the same has been obtained by fraud. It was further stated that there has been a family settlement between him, his sons and wife in the year 1976 and under the family settlement the suit land has fallen to the share of other defendants.