JAGAT SINGH Vs. JEET SINGH

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment and decree passed by the Courts below, whereby the suit for specific performance of the agreement dated 29-12-1992 in respect of the land measuring 5 kanals 2 marlas was decreed.

(2.) It is the case of the plaintiff that on the aforesaid date, defendant No. 1 agreed to sell the land in the sum of Rs. 26,500/-. The entire amount was paid to the said defendant. It was agreed that the sale deed will be executed subsequently. Earlier, the plaintiff filed a suit for permanent injunction on 4-6-1994 restraining the defendants from dispossessing the plaintiff from the suit land. Subsequently, the present suit for specific performance was filed on the ground that the defendant No. 1 has sold the land in dispute to defendant No. 2 i.e. the present appellant on 23-5-1994.

(3.) Both the Courts have returned concurrent finding of fact that the agreement of sale dated 29-12-1992 Exhibit P1 stands proved from the testimony of PW2 Prithi Singh, Charan Singh PW4 and Rameshwar PW6, the attesting witnesses. The said attesting witnesses have deposed that the possession of the land was delivered to the plaintiff. Still further, both the Courts have recorded concurrent finding of fact that the agreement of sale was executed by defendant No. 1 and such execution of the agreement is not result of fraud or misrepresentation. It is also found that the possession of the land was delivered to the plaintiff in pursuance of the agreement of sale. The sale deed in favour of the defendant has been executed on 24-5-1994 in the sum of Rs. 36,000/-. The sale deed has been produced on record as Exhibit DW4/A. The learned first Appellate Court has also found that it is unbelievable that the appellant, who is also resident of village Babail, was not aware of the agreement of sale, having been executed by defendant No. 1 in favour of the plaintiff.