BALDEV RAJ Vs. TARSEM SINGH

JUDGEMENT

(1.) Appellant-Baldev Raj has filed the present appeal to challenge the judgment and decree dated 04.07.2016 passed by the First Appellate Court, which has been stated to be obtained by respondents/defendants by playing fraud upon the Court by concealing the fact that the controversy has already been put to rest by dismissal of RSA No.1624 of 2015 decided on 29.04.2015.

(2.) Briefly, the facts of the case, as made out in the present appeal, are that the appellant-plaintiff filed a suit for specific performance of the agreement to sell dated 20.02006 executed by the respondent/defendants in favour of appellant/plaintiff for the sale of land measuring 17 Kanal 15 Marla out of Khewat No.61-62-13, Khatauni No.87-88-22, Khasra No.15R/21/2 (7-11), 16R/13/2(4-0), 14/2(7-11), 17/1(5-16), 24/2/1/1(1-8), 25/1(7-11), 16R/15(8-0), 16(8-0), 24/2/1/2(0-2), 15R/10/1(0-8), 16R/6/1/11 (2-0) total land measuring 52 Kanal 7 Marla, situated at Village Dibku, Tehsil Pathankot, entered in the Jamabandi for the year 2005-06 for total sale consideration of Rs. 12,32,500.00 i.e for Rs. 5,60,000.00 ( Rs. Five lac and sixty thousand only) per acre out of which the plaintiff has already paid to the defendants a sum of Rs. 2,00,000.00 as advance money (earnest money) and for delivery of actual possession of the suit land to the plaintiff along with suit for permanent injunction restraining the respondent/defendants from alienating the suit land and alternative relief for suit for recovery of Rs. 4,00,000.00 viz Rs. 2,00,000.00 as advance money and Rs. 2,00,000.00 as damages.

(3.) As per case of the appellant-plaintiff, respondent-defendants are owners in possession of suit land to the extent of land measuring 17 Kanal 15 Marla out of total land measuring 52 Kanal 17 Marla and entered into an agreement to sell the suit land to the appellant/plaintiff for sale consideration vide agreement to sell dated 20.02.2006. Respondent-defendants received an amount of Rs. 2,00,000.00 as advance money. The agreement of sale was also got scribed by the respondent-defendants. It was signed by the parties and was entered into the register of deed writer. Respondent-defendants undertook to refund the advance money and further to pay Rs. 2,00,000.00 as damages in case the agreement to sell is not executed on or before the date fixed.