BALBIR KAUR Vs. JOGINDER SINGH

JUDGEMENT

(1.) This is an appeal against the judgment/and decree dated 18.1 1.1992 of the learned Sub Judge, 1st Class, Rajpura vide which the suit of the plaintiffs for possession by way of specific performance of the agreement to sell dated 2.9.1988 was decreed.

(2.) Briefly stated the facts as mentioned in the plaint are that defendant Balbir Kaur had executed an agreement to sell agricultural land measuring 73 bighas 17 biswas as described in the head-note of the plaint on 2.9.1988. She had received Rs. 40.000/- in advance as earnest money from the plaintiffs at the time of execution of the agreement to sell Balbir Kaur defendant had agreed to get the sale deed executed and registered in favour of the plaintiffs as per terms of the agreement upto 15.5.1989. According to the terms of the agreement, it was promised that after getting the mutation attested on the basis of map Eri (popularly known in this part of the country as 'Naksha Jeem'), registered sale deed shall be executed and registered in favour of the plaintiffs on or before 15.5.1989. Map Eri had already been prepared as has been mentioned in the agreement to sell dated 2.9.1988. Partition proceedings with the other co-sharers of the land of the defendant were pending in the Court of Assistant Collector 1st Grade, Rajpura.

(3.) That the partition of the land in'dispute belonging to the defendant with other co-sharers has been finalised and the defendant was bound to specifically perform the part of the contract upto 15.5.1989 and to get the sale deed executed and registered the deliver the possession of the disputed land to the plaintiffs. That the plaintiffs had come to the office of the Sub-Registrar, Rajpura on 15.5.1989 at 9 a.m. with the remaining sale consideration amounting to Rs. 6,98,500/- and the expenses for the execution and registration of the sale deed amounting to Rs. 1,12,000/- and waited for the defendant upto 5 p.m.; but the defendant did not turn up and as such the plaintiffs got their affidavit attested from the Executive Magistrate, Rajpura who was also the Sub-Registrar.