LAL SINGH Vs. WAZIR SINGH

JUDGEMENT

(1.) The plaintiff-respondent Wazir Singh filed the suit for possession by specific performance of agreement of sale of land measuring 30 kanals 14 marlas alleging that defendant No. 1 Banta Singh had entered into an agreement of sale of the said land on 16.8.1974. The sale price fixed between the parties was at the rate of Rs. 8,300/- per killa. The registered sale-deed was to be executed uptill 6.9.1974. A sum of Rs. 500/- was received as earnest money from the plaintiff. In case the defendant Banta Singh failed to execute the sale-deed in accordance with the terms contained in the agreement, the plaintiff was authorised to get the sale-deed executed by specific performance of the agreement and was also given the option to realise Rs. 15,000/- by way of damages. It was also alleged that the plaintiff was always ready and willing to get the sale-deed executed and is still ready to go in for the contract but before the due date to execute the sale-deed in favour of the plaintiff, vendor Banta Singh transferred the suit land in favour of defendant No. 2 on 19.8.1974. It was pleaded that defendant No. 2 Lal Singh had full knowledge about the agreement of sale in favour of the plaintiff before the sale in his favour. Not only that, an application Ex. P-2 was made before the Sub-Registrar to this effect and on that order Ex. P-3 was passed whereby Lal Singh was informed of the agreement of sale executed by his vendor Banta Singh in favour of the plaintiff Wazir Singh. The present suit was filed on 7.9.1974.

(2.) In the written statement filed on behalf of Banta Singh, it was pleaded that he never entered into any agreement of sale with the plaintiff nor had he received Rs. 500/- as earnest money. It was also alleged that on 19.8.1974, plaintiff never appeared before the Sub Registrar nor raised any objection as alleged. In the written statement filed on behalf of Lal Singh defendant, he pleaded that he was a bona fide purchaser of the land in suit for value and consideration of Rs. 30,000/- and that he purchased the suit land without any notice of contract or sale in favour of the plaintiff.

(3.) On the pleadings of the parties, the trial Court framed the following issues :