(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned First Appellate Court whereby his suit for specific performance of the agreement to sell dated 27.9.1987 was dismissed in appeal.
(2.) IT is the case of the plaintiff that on the aforesaid date, the defendant No. 1 agreed to sell the land measuring 26 kanals 18 marlas i.e. her remaining share in the land to the plaintiff on receipt of Rs. 10,000/- as earnest money on a total sale consideration @ Rs. 20,000/- per acre. The balance sale consideration was to be paid at the time of execution of the sale deed on or before 15.6.1988. Since the defendant failed to execute the sale deed, the present suit was filed on the ground that he is ready and willing to perform his part of the contract.
(3.) THE defendants denied the execution of the agreement to sell of the suit land dated 27.9.1987. It was pointed out that the plaintiff previously filed a suit alleging himself to be tenant on the land in dispute. The stay granted in favour of the plaintiff was vacated when the defendants contested the suit and an appeal filed against the said, order was dismissed by the Court of learned Additional District Judge, Ludhiana and thereafter the present suit was filed with a mala fide intention to harass the defendants. It was also pointed out that Hardev Singh, brother of the plaintiff and defendant No. 1 had the litigation. Hardev Singh lost the suit upto the High Court. The defendant No. 1 was declared owner of the land as successor of Hazara Singh. In execution of the said decree against Hardev Singh, the plaintiff and Hardev Singh created hurdle, but at the intervention of the relatives, a compromise was arrived at. The defendant gave 3-1/2 acres of the land to Hardev Singh, brother of the plaintiff and the plaintiff and a sale deed was executed on 24.8.1997. It was, thus, pointed out that defendant No. 1 could never agree to sell the land at the meager price of Rs. 20,000/- per killa after 15 years of the litigation when price of the land is Rs. 60,000/- per killa.