PARMOD BHUSHAN PAL Vs. BACHAN SINGH

JUDGEMENT

(1.) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court whereby suit for specific performance of agreement decreed by the trial Court was dismissed in appeal.

(2.) Bachan Singh defendant agreed to sell land measuring 37 Kanals 4 Marlas by virtue of an agreement dated 3-4-1973 with Dr.Hari Ram Pal father of the plaintiff. The total sale consideration was Rs.23500/- out of which Rs.18500/- was paid as earnest money. The sale deed was to be executed on 25 Maghar, 2030 BK. However, vide another agreement dated 9-1-1975, the time for execution of the sale deed was extended to 23-06-1975. The plaintiff put in appearance before the Sub Registrar on 23-06-1975 for registration of the sale deed but the defendant did not turn up. The father of the plaintiff has been ready and willing to perform his part of the contract. Since the father of the plaintiff died on 3-6-1976, the plaintiff filed the present suit for specific performance of the agreement alleging therein that he was also ready and willing to execute the sale deed in terms of the agreement in question on the payment of remaining sale consideration. It is also alleged that Bachan Singh executed sale deed in respect of land measuring 2 Kanals 19 Marlas in favour of defendants No.7 and 8 on 8-2-1977 even though there was prior agreement of sale of land in favour of the predecessor-in-interest of the plaintiff.

(3.) Bachan Singh defendant contested the suit by denying the claim of the plaintiff in its entirety. The execution of the agreement was denied and it was asserted that the land in dispute has not been recorded as exclusive ownership of Bachan Singh. However, it was the stand of defendants No.7 and 8 that they are bona fide purchasers of land in dispute for consideration and without notice.