GURBACHAN SINGH Vs. BACHAN SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been directed against the judgment and decree dated 5. 9. 1981 passed by the Court of Shri O. P. Gupta, Additional District Judge, Kurukshetra, who affirmed the judgment and decree dated 22. 9. 1980 passed by the Court of Shri B. M. Bajaj, Sub Judge 1st Class, Kaithal and dismissed the appeal of the plaintiff appellant Gurbachan Singh.

(2.) THE brief facts of the case are that Jai Singh, defendant No. 2 in the trial Court filed a suit for possession by way of specific performance against defendant No. 1 Bachan Singh alias Gurbachan Singh son of Ghasita Singh and his suit was decreed on 3. 12. 1970 vide Ex. D. 6 and it was ordered by the trial Court that plaintiff-decree holder should deposit a sum of Rs. 1100/- on or before 7. 1. 1971. The plaintiff should also pay stamp and bear the registration charges. In case, the defendant still fails to get the sale deed executed, the plaintiff shall be entitled to get it executed through the Court of law.

(3.) GURBACHAN Singh brought the present suit for declaration on 18. 4. 1978 that he was the sole owner in possession of the land in dispute and that the impugned decree for specific performance was null and void and therefore, not binding upon him alleging that He was owner and in possession of the agricultural land in suit as he had purchased the same for a sum of Rs. 2,000/from defendant No. 1 vide registered sale deed dated 13. 2. 1971 and had taken possession of the same on 3. 6. 1973 as per report of roznamcha No. 383. It was further alleged that defendant No. 2 in collusion with defendant No. 1 filed a suit for specific performance on the basis of fictitious agreement and obtained by defendant No. 2 against defendant No. 1 had become infructuous because defendant No. 2 did not deposit or paid the amount to his alleged vendor up to 7. 1. 1971 and this omission had created a clog on the rights of the plaintiff.