DEPUTY LAL Vs. SUBA SINGH AND OTHERS

JUDGEMENT

(1.) THIS Regular Second Appeal by Deputy Lal is directed against the judgment and decree, dated January 20, 1978 of the learned Additional District Judge, Gurdaspur, whereby he set aside the judgment and decree, dated September 30, 1977 passed by the Subordinate Judge III Class Gurdaspur, decreeing the suit of the Plaintiff -Appellant for possession of the suit land.

(2.) FIRST the factual matrix:

(3.) DISSATISFIED , the Defendants went up in appeal which was allowed by the learned Additional District Judge. He upset the material findings of the trial Court He came to the conclusion that parties had entered into an agreement and executed a writing from which the terms can be ascertained with reasonable certainty. The Defendants had in part performance of the contract taken possession of the suit land. The transferees had done something in furtherance of the contract and that the transferees had performed or were willing to perform their part of the contract. The two factors which had weighed with the trial Court, namely, the conduct of the Defendants in not replying to the noticed issued by the Plaintiff and the non -payment of the balance amount of Rs. 800/ - were considered to be of no consequence by the learned lower Appellate Court He recorded the firm finding that all the four requirements of Section 53A of the Transfer of Property Act were satisfied by the Defendants. They had entered into an agreement for the transfer of the mortgagee rights and had entered into possession as part performance of this contract and had taken steps in furtherance of this contract by paying Rs. 1,000/ - to the Plaintiff and they had been and were ever ready to perform their part of the contract. After recording these findings, he allowed the appeal, set aside the judgment and decree of the learned trial Judge. Aggrieved, the Plaintiff has come up in second appeal.