BHAG RAM Vs. PALA SINGH

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs regular second appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court.

(2.) PLAINTIFF filed a suit for specific performance of the agreement dated 9.11.1978 on the ground that defendants agreed to sell the suit land for a sum of Rs. 91,250/ - and received a sum of Rs. 10,000/ - at the time of execution of agreement. As part performance of the agreement defendant No. 1 sold 1/3rd share of the land as detailed in the agreement to the plaintiff vide registered sale deed dated 25.1.1979. It is with regard to the remaining 2/3rd of the land for which the plaintiff was ever ready and wiling to perform his part of the obligation and the defendants reluctance to admit the plaintiffs claim, which has led to the filing of the present suit. In the plaint, it has been further averred that the plaintiff earlier filed a suit for permanent injunction restraining the defendant from alienating the land to defendant No. 2 or to any other person and also obtained ex -parte ad interim injunction on 23.5.1979. Since defendant No. 1 sold the suit land to defendants 2 and 3 so the suit for injunction was got dismissed as withdrawn and the present suit was filed challenging the sales executed by defendant No. 1 in favour of defendant No. 2 and 3.

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