KASHMIRA SINGH Vs. ATMA SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgment and decree dated 10.9.2002 of the Additional District Judge, Ludhiana (hereinafter described as 'the lower Appellate Court').

(2.) THE plaintiff-respondent No. 1, Atma Singh, filed a suit for joint possession of the land in dispute by way of specific performance of the agreement to sell dated 16.7.1990 in respect of land measuring 4 kanals situated in the revenue estate of Punian, Tehsil Samrala, District Ludhiana upon payment of balance sale consideration of Rs. 12750/- after adjusting the earnest money of Rs. 10,000/- or in the alternative, for recovery of Rs. 10,000/- on account of earnest money and Rs. 10,000/- as damages and interest. A declaration was also sought to the effect that the decree dated 14.9.1991 passed in Civil Suit No. 42 of 31.1.1991 in favour of the appellant (arrayed as defendant No. 3 in the suit), Kashmira Singh be declared null and void and along with this, a prayer for permanent injunction was also made seeking to restrain the defendants from alienating the suit property.

(3.) ON the strength of the above pleadings, it was contended that respondent No. 1 had always been ready to perform his part of agreement, but the vendor had defaulted in performing his part of agreement. The sale deed executed on 12.11.1991 in favour of appellant was sought to be declared as false and fictitious document.