AMRIK SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and decree, whereby the suit filed by Smt. Surjit Kaur-plaintiff for possession of land by way of specific performance of agreement dated 26.6.1978, was decreed and the appeal of Amrik Singh and Smt. Gian Kaur-defendants was dismissed.

(2.) WHILE filing the suit, Smt. Surjit Kaur-plaintiff averred that on 26.6.1978, Sardool Singh-defendant agreed to sell his land measuring 48 kanals 19 marlas situated in village Pindi Khair to her for a sum of Rs. 24,000/- and received an earnest money of Rs. 11,400/-. The sale-deed was to be executed on or before 10.6.1979. However, she learnt that on 16.4.1979, aforementioned Sardool Singh sold the land in question to Amrik Singh and Smt. Gian Kaur by way of a sale-deed for a sum of Rs. 35,000/-. It was alleged that Sardool Singh-defendant, by transferring the suit land to Amrik Singh and Smt. Gian Kaur-defendant Nos. 2 and 3, respectively, committed breach of express terms of the agreement dated 26.6.1978 and therefore, he was liable to perform his part of the agreement under law and equity. Further that defendant Nos. 2 and 3, being transferees of the land, but with notice of the agreement dated 26.6.1978, were also bound by the same.

(3.) BY filing a replication, the plaintiff denied the assertion of defendant Nos. 2 and 3 and stated that the land was not in possession of the said defendants but in possession of Bhagat Singh, who is elder brother of her husband Bhagwan Singh. The learned trial Court framed the following issues :-