TARSEM LAL Vs. DALJEET SINGH

JUDGEMENT

(1.) This is second appeal against the judgment and decree passed by First Appellate Court.

(2.) Plaintiffs filed a suit for specific performance of agreements to sell (two agreements of the same date between the same parties) dated 29.10.2003. The first agreement is with respect to house and second agreement is with respect to agricultural land. Defendant-Tarsem Lal along with his brother, namely, Som Raj had agreed to sell a house as well as agricultural land to the plaintiffs.

(3.) Som Raj has admittedly honoured the agreements to sell and executed sale deed in favour of the plaintiffs with respect to his half share in the house as well as in the agricultural land. As per agreement to sell, possession was to be handed over to the plaintiffs on the target date. Plaintiff visited the office of Sub-Registrar and got their presence mark whereas defendant-Tarsem Lal did not come forward to perform his part of agreement to sell. Hence, plaintiffs filed a suit for specific performance of the agreement to sell against defendant-appellant-Tarsem Lal only.