GURBAX SINGH Vs. LAL SINGH

JUDGEMENT

(1.) The present appeal is by Gurbax Singh subsequent vendee of Lal Singh arising out of a suit for specific performance of an agreement to sell dated 4.11.1985 whereby land measuring 7 kanal 4 marla was agreed to be sold to Gurdeep Singh. The appellant has purchased land measuring 12 kanal from Lal Singh vide sale deed dated 22.11.1985. One Lal Singh had two fifth share in the land measuring 39 Kanal 8 Marla i.e. 15 kanal 15 marla. On 4.11.1985 he entered into an agreement of sale with Gurdip Singh for the sale of land measuring 7 kanal 4 marlas and delivered possession in part performance of the said agreement to him. Soon thereafter, he has executed a sale deed in favour of Gubax Singh on 22.11.1985. Since he has sold land more than his share, Lal Singh filed a suit for possession of land measuring 7 kanals 4 marlas.

(2.) On the other hand Gurbax Singh filed a suit for specific performance of agreement dated 4.11.1985 in respect of the land measuring 7 kanal 4 marla.

(3.) The learned first Appellate Court has decreed the suit for specific performance of agreement of sale dated 4.11.1985, whereas dismissed the suit for possession filed by Lal Singh. Aggrieved against the said judgment and decree, Gurbax Singh, the subsequent vendee, is in second appeal.