IQBAL KAUR Vs. JASMAT SINGH

JUDGEMENT

(1.) As per the version of the appellants, the suit land was in their possession. Kahan Singh and Falel Singh, Ranjeet Singh son of Kahan Singh and Sewai Singh son of Falel Singh were owners of this land. They had mortgaged it with Paramjeet Singh, Jagdeep Singh and Jasbir Singh. Since the land was not redeemed by the original owners, therefore Paramjeet Singh, Jagdeep Singh and Jasbir Singh became the owners. They executed an agreement of sale in favour of the appellants on 8.11.1977 to sell this land @ Rs. 2,500/- per acre. Rs. 6,000/- were received as the earnest money. They further received a sum of Rs. 12,000/- on 19.4.1982. Paramjeet Singh, Jagdeep Singh and Jasbir Singh were to get the declaratory decree about their ownership and thereafter, the sale deed was to be executed in favour of the appellants. They got the declaratory decree in their favour on 7.1.1993 but they did not execute the sale deed in favour of the appellants. Hence, the appellants filed the suit for specific performance of the agreement of sale. It was also pleaded that the appellants were dispossessed illegally and forcibly by the owners on 15.8.2001. Hence, possession was also sought alongwith decree for specific performance.

(2.) The respondents contested the case. Legal objections were pleaded. It was also denied if they had executed any agreement of sale in favour of the appellants.

(3.) Issues were framed. The parties led the evidence. Besides other findings, the learned trial Court also held that the appellants have failed to prove the execution of agreement of sale dated 8.11.1977 or if the appellants had ever paid the amount of Rs. 12,000/- vide receipt dated 19.4.1982. The execution of this receipt was also not proved. Accordingly, the suit of the appellants was dismissed by the learned trial Court vide judgment and decree dated 28.5.2002. The appellants filed the appeal. The learned Lower Appellate Court decided some of the issues in favour of the appellants by reversing the findings recorded by the Trial Court. However, learned Lower Appellate Court upheld the finding of fact that the appellants had failed to prove the execution of the agreement of sale dated 8.11.1977 or the execution of the receipt dated 19.4.1982 by the respondents in favour of the appellants. Accordingly, the appeal was dismissed by the learned Lower Appellate Court vide judgment and decree dated 27.9.2005.