AMRIT LAL Vs. JOGINDER SINGH

JUDGEMENT

(1.) RESPONDENT No. 1 had filed civil suit No. 27 of 9. 2. 1973 in the Court of learned Sub Judge I Class, Moga for specific performance of contract of sale dated 4. 9. 1961 of agricultural land bearing Khasra No. 54/20/2 measuring 36 kanals 15 marlas against the present appellants and respondents No. 1 and 3. The contract of sale was made by the predecessor-in-interest of defendant named Babu Ram. The civil suit was dismissed by the trial court. Respondent No. 1 filed an appeal. In the appeal, the original defendants were allowed to amend the written statement and the original plaintiffs were allowed to lead additional evidence and the decree passed by the trial court was set aside and the case was remitted to the trial court. Even after the remand, the decision of the trial court went against the present respondent No. 1 i. e. the plaintiff. He then filed civil appeal No. 56 ofl978 in the court of learned District Judge, Faridkot. The said appeal was allowed by the learned District Judge, Faridkot and the suit for specific performance was decreed.

(2.) BEING aggrieved by the said judgment of the lower appellant Court, the present appellants have come in this second appeal before this Court.

(3.) THE decree for specific performance is challenged by learned counsel for the appellants on two grounds viz: " (i) that the original agreement to sell is not produced in the suit and only certified copy produced in some other suit had been produced and, therefore, the said document cannot be made the basis for passing a decree; an d (ii) that the suit property is the joint Hindu family property and, therefore, Babu Ram had no right to sell the property and hence he had no right to execute the agreement to sell in absence of any family necessity. "