PIARA SINGH DEAD Vs. RAVINDER PAL SINGH SIDHU

JUDGEMENT

(1.) This order shall dispose of Regular Second Appeal No. 1475 of 1980 arising out of a suit for specific performance of an agreement to sell dated 5.10.1964 entered upon in favour of Piara Singh (hereinafter to be referred as "the vendee") and Regular Second Appeal No. 1474 of 1980 arising out of suit for possession filed by the owners of the suit land (hereinafter to be referred as "the vendors").

(2.) The following substantial questions of law arise for consideration of this Court: 1. Whether there is negation of contract on account of change of Khasra No. pleaded by the plaintiff by way of amendment in the plaint? 2. Whether the plaintiff was ready and willing to perform his part of the contract?

(3.) Whether the plaintiff is entitled to a decree for specific performance of agreement in the facts and circumstances of the case? 3. The said questions of law arise out of an agreement executed by one Gurcharan Singh in favour of plaintiff Piara Singh on 5.10.1064 for a total sale consideration of Rs. 15,000/-. The sale deed in pursuance of the said agreement was to be executed on 15.6.1965 and a sum of Rs. 7000/- was paid as earnest money. But before the sale deed could be executed, vendor Gurcharan Singh died on 13.3.1965. It is the case of the plaintiff that notices were issued for calling upon the legal heirs of the vendor to execute the sale deed but the sale deed was not executed which led to the filing of a suit for specific performance of the agreement on 25.3.1966. Along with the suit, the plaintiff has deposited balance sale consideration of Rs. 8000/- as well. The plaintiff claims to be in possession of the suit land in terms of the agreement to sell. On the other hand, the vendors filed a suit for possession on 5.1.1977 in respect of land measuring 94 Kanals 3 Marlas as described in the jamabandi for the year 1969-70, earlier owned by Gurcharan Singh.