MAJOR SINGH Vs. DALIP KAUR

JUDGEMENT

(1.) Plaintiffs are in Second Appeal against the judgment and decree passed by the learned first Appellate Court, whereby suit filed by the appellants for specific performance has been decreed for alternative relief of refund of earnest money; thereby reversing the judgment of the ld. trial court decreeing the suit of the appellants for specific performance.

(2.) Brief facts of the case are that the appellants had filed the instant suit, seeking degree of specific performance of agreement to sell dtd. 16/1/2006 executed by defendant No.1 Dalip Kaur and her brother Jagan Singh alias Jagan Nath alias Jit Singh (Now deceased and inherited by her natural legal heir defendant No.1) in favour of plaintiffs, for sale of land measuring 2/3 share of 126 Kanals 13 Marlas, which comes out to be land measuring 84 Kanals 8 Marlas, comprising in khata No.177/839,840,841,178/842, Khasra Nos.36//19/2(7-11), 23/2(7-11), 45//3(8-0), 36//22(8-0), 45//2(8-0), 9(8-0), 12(8-0), 19/2(6-0), 36//20/1(7- 11), 21(8-0), 45//1(8-0), 10(8-0), 11(8-0), 20/2(6-0), 37//16/2(8-0), 25(8- 0), 44//5/1(4-9), situated at Village Chak Hira Singh Wala, Tehsil Talwandi Sabo as per jamabandi for the year 2002-2003 (Now, khewat Nos.267 Khatauni No.876, 877,878,878/1, as per jamabandi for the year 2012- 2013), for the sum of Rs.4,00,000.00 and out of which an earnest money of Rs.30,000.00 was paid on 16/1/2006; and thereafter on 10/6/2013, by mutual consent of plaintiffs & defendant No.1 considering the increase in prices of properties, the sale consideration amount was enhanced and settled as Rs.15.00 Lacs and another sum of Rs.10.00 Lac was also paid and now by paying Rs.4,70,000.00 as balance sale consideration amount or any other amount found due or ordered by this Court; and also for granting of consequential relief of possession of suit property i.e. of compact block/portion as described in possession delivery report on warrants of possession of land, which the defendant No.1 has obtained from mortgagees, through the SDM cum Collector Sub-Division, Talwandi Sabo; and in alternative suit for recovery of sum of Rs.14,30,000.00i.e. Rs.10,30,000.00 being amount already paid by the plaintiffs +Rs.4,00,000.00 being penalty amount; along with interest thereon @ 18% p.a, from the date of deposit of above said amount with vendors till realization, in toto, with costs of the suit, against the defendant No.1, in case this Court for one reason of the other declines, to grant the relief of specific performance of agreement to sell dtd. 16/1/2006 and extension writing dtd. 13/6/2013; AND Suit for declaration that sale deeds of No. 1449 & No.1450 dt. 13/6/2013; and No.1469 dtd. 14/6/2013, with regard to aforesaid land in favour of defendants No.2 to 4, shown to have been executed by defendant No.1, through her alleged GPA Tej Singh son of Lachman Singh (father of defendants No.2 to 4) & subsequent mutations No.3729,3727,3728 dtd. 15/6/2013, entered and sanctioned on the basis of said illegal sale deeds are illegal, null void, fraudulent, ineffective and inoperative as against the rights of the plaintiffs, in any manner; and suit for permanent injunction restraining the defendants No.2 to 4 from alienating the above said suit property, in any manner i.e. by way of sale, gift, exchange, mortgage, transfer, lease, conveyance deed etc in any other manner, author person, as they have no right, title or concern, authority or power to so.

(3.) The abovesaid suit filed by the appellants was decreed for specific performance by learned Civil Judge (Junior Division), Talwandi Sabo vide judgment and decree dtd. 2/3/2020. However, the Civil Appeal filed by defendants No.2 to 4 was partly allowed by the learned Additional District Judge, Bathinda vide judgment and decree dtd. 31/3/2023 and suit of the plaintiffs was decreed for alternative relief of recovery of sum of Rs.14,30,000.00.