HUKAM CHAND Vs. HARI SINGH (DEAD)

JUDGEMENT

(1.) This judgment will dispose of Regular Second Appeals bearing Nos. 447 and 1706 of 1987 as they revolve around the same controversy. The facts are being extracted from R.S.A. No. 447 of 1987.

(2.) This Regular Second Appeal No. 447 of 1987 is directed against the judgment of the lower appellate Court dated 15.12.1986 vide which the findings of the learned trial Court in its judgment dated 11.5.1985 were reversed.

(3.) Briefly stated the facts of the case are that the plaintiff-appellant Hukam Chand filed a suit against the present respondent for possession of the suit property by way of a suit for specific performance. The respondent is alleged to have executed an agreement to sell dated 7.2.1980 for sale of agricultural land measuring 71 Kanals 4 Marlas. The sale deed was to be executed on 1.6.1980, which time was extended upto 25.6.1980. Rs. 50,000/- were paid by way of earnest money. Three sale deeds were executed by the respondent in pursuance to this agreement to sell. The first sale deed was executed on 4.6.1980 pertaining to 26 Kanals 8 Marlas of land; the second on 10.6.1980 qua 11 kanals 8 marlas and third on 26.6.1980 qua 26 kanals 8 marlas. Out of 71 kanals 4 marlas, the land measuring 64 kanals 4 marlas was sold to the appellant and only 7 kanals of land was left. The appellant had sought possession of this 7 kanals of land by way of the present suit.