LAKHBIR SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) IN this Regular Second Appeal initiated at the behest of the defendant, challenge has been made to the judgment of the learned first appellate court dated 31.1.1990 vide which the judgment of the learned trial court dated 2.9.1987 has been reversed.

(2.) BRIEFLY stated, the facts of the case are that the plaintiff Mohan Singh (respondent No. 1 herein) filed a suit for possession by way of specific performance against the appellant and one Charan Kaur, the vendor and executor of the alleged agreement to sell land measuring 16 kanals and 18 marlas in favour of respondent No. 1.

(3.) IN this backdrop, a three-fold prayer was made by the respondent No. 1 to say that the possession of the suit land be given to him after specific performance of the aforesaid agreement dated 28.1.1986; alternatively the damages be given to him and the sale deed dated 5.6.1986 be declared null and void, being without any consideration and against law.