MOTI RAM Vs. MAHENDER SINGH

JUDGEMENT

(1.) THIS regular second appeal has been filed against the judgments and decrees passed by the learned Courts below vide which suit filed by the plaintiff-respondent No. 1 for specific performance of the contract, has been ordered to be decreed.

(2.) THE plaintiff respondent No. 1 brought a suit for specific performance for enforcement of an agreement to sell dated 3.6.1998 executed between the plaintiff and defendant No. 1, for sale of land, for a total sale consideration of Rs. 3,85,000/- (Rupees three lac and eighty five thousand only). Out of that a sum of Rs. 3,00,000/- (Rupees three lac only) was received as earnest money-cum-part payment from the plaintiff respondent No. 1 and it was agreed that sale deed would be executed on or before 30.6.1998 on payment of balance sale consideration. Liberty was also given to plaintiff respondent No. 1 to get the sale deed executed and registered in his favour or in favour of his nominee.

(3.) DEFENDANT Nos. 1 and 3, chose not to contest the suit. The suit was contested by defendant No. 2 who filed written statement. It was claimed that he purchased the land in dispute for a total consideration of Rs. 3,24,000/- (Rupees three lac and twenty five thousand only) and sale deed was executed in his favour. It was also claimed that possession of the suit land was given to him in pursuance to the said sale deed. It was claimed that subsequent sale deed and mutation was valid. One of the pleas taken was that defendant No. 2 had no knowledge of the agreement dated 3.6.1998 entered into between the plaintiff and defendant No. 1. It was further claimed that defendant No. 2 had mortgaged the suit land as owner thereof. Collusion with defendant No. 1 was denied. It was pleaded that agreement to sell dated 3.6.1998 was not in the knowledge of defendant No. 2 or defendant No. 3. Other preliminary objections were also taken.