MOHINDER SINGH Vs. MALVINDER SINGH AND ORS.

JUDGEMENT

(1.) Impugned in the present regular second appeal is the order dated 1.6.2013, passed by the learned Additional District Judge, Chandigarh, affirming the judgment and decree dated 30.11.2009, passed by the learned Civil Judge (Junior Division), Chandigarh, and also at the same time, reversing the findings on issue No. 1 -A, framed on 5.2.2008, and decided the same in favour of Ajaib Kaur. Ajaib Kaur had filed a separate appeal (Civil Appeal No. 99 of 5.3.2010), whereas Mohinder Singh and Shashi Singla had also filed an appeal (Civil Appeal No. RBT No. 18 of 11.3.2010/7.1.2011) before the first appellate Court against the judgment and decree dated 30.11.2009, passed by the learned Civil Judge (Junior Division), Chandigarh.

(2.) The brief facts of the case are that Mohinder Singh and Shashi Singla (plaintiffs) had filed a civil suit bearing No. 43 of 5.3.1993 for specific performance of contract by way of possession of agreement to sell dated 28.1.1990. In short, the plaintiffs claim that SCF No. 97, Sector -35 -C, Chandigarh, was allotted on lease hold basis by Chandigarh Administration to Ms. Jagdish Kaur, daughter of Shri Ajmer Singh, resident of House No. 129, Sector -18 -A, Chandigarh, and Kamaljit Singh Thandi in equal shares, vide allotment letter No. 3459/CPL -2542 dated 25.4.1974. The possession of the said site was delivered to them on 19.7.1975. Kamaljit Singh Thandi (defendant No. 1) executed a relinquishment deed dated 12.12.1977 and got it registered in the office of Sub Registrar, Chandigarh, on 17.12.1977, vide which he relinquished his half share in the said site in favour of Smt. Jagdish Kaur. It is further alleged that Jagdish Kaur, vide agreement of sale dated 28.1.1990, agreed to sell the entire SCF No. 97, Sector -35 -C, Chandigarh, to the plaintiffs. The sale price was fixed at Rs. 6 lacs. Rs. 20,000/ - were paid as earnest money. The last date for execution and registration of the sale deed was fixed on or before 28.7.1991. The possession of the said SCF was to be delivered at the time of execution of the sale deed. It is alleged that Kamaljit Singh Thandi (defendant No. 4), on coming to know about execution of agreement to sell dated 28.1.1990, filed a civil suit against Jagdish Kaur (defendant No. 2) and the Chandigarh Administration for declaration to the effect that he was owner to the extent of half share in the said site. He also sought permanent injunction, restraining Chandigarh Administration from acting on the basis of relinquishment deed. It was claimed by the plaintiffs that they have always been ready and willing to perform their part of the contract and to pay the balance consideration of Rs. 5,80,000/ -. Since Jagdish Kaur did not execute the sale deed, hence, the present suit was filed by the plaintiffs on 5.3.1993.

(3.) It comes out that Jagdish Kaur had died on 3.2.1992. Therefore, her mother Ajaib Kaur as well as Sadhu Singh Hira, husband of Jagdish Kaur, from whom she was living separately, were brought on record.