KULDEEP SINGH Vs. SMT. RAM PYARI AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 09.12.2015 passed by the learned Additional District Judge, Hisar, vide which the appeal filed by the appellant-plaintiff against the judgment and decree dated 05.10.2011 passed by the learned Additional Civil Judge (Sr. Division), Hisar, has been dismissed.

(2.) Appellant-plaintiff has filed the suit for declaration to the effect that he is absolute owner in possession of the house constructed over the plot measuring 0 Kanal 6 Marlas comprised in Khasra no. 67//13/1/2(5-12) i.e. 6/112 share situated at Adampur, Tehsil Adampur, District Hisar on the basis of agreement to sell dated 15.12.2003.

(3.) As per averments in the plaint, defendants no. 1 to 9 were the owners in possession of the aforesaid plot. They entered into an agreement to sell dated 15.12.2003 in favour of the plaintiff for the sale of the aforesaid plot for a sale consideration One lac. The whole of the sale consideration was paid by the plaintiff on the same day in the presence of the witnesses. The entire terms and conditions were enshrined in the agreement to sell dated 15.12.2003. Defendants have agreed to get the sale deed executed and registered in favour of the plaintiff or his nominee. Defendants have also agreed that the plot in question would not be mortgaged or transferred in any manner and in case of default, they would be liable to face the action for the offence punishable under Sec. 420 of the Indian Penal Code. It is further pleaded that the plaintiff has raised the construction in the aforesaid plot as he was delivered the possession thereof on payment of the entire sale consideration. The plaintiff is legally entitled to get the sale deed executed and registered. Hence the suit.