GIAN SINGH AND ORS Vs. DEVINDERJIT KAUR

JUDGEMENT

(1.) The respondent filed this suit for possession of the land measuring 24 Kanals 14 Marlas by way of specific performance of the contract dated October 22, 1974, whereby the appellants agreed to sell the said-land for a consideration of Rs. 30,260/-.

(2.) The plaintiff pleaded that Rs. 5,000/- were paid at the time of the execution of the said agreement and the remaining amount of Rs. 25,260/- was to be paid at the time of the registration of the sale; that she was always willing and ready and still ready to perform her part of the contract; and that the appellants have failed to perform their part of the contract in spite of several notices served upon them. The appellants denied the execution of the agreement and the receipt of the earnest money. In the alternative they pleaded that if any agreement is proved to have been executed by them, it was without consideration and got executed by practising a fraud by the plaintiff and her husband. No particulars of the fraud, however, were incorporated in the written statement and probably for that reason, even no issue was framed in this regard.

(3.) On the pleadings of the parties, the trial Court framed the following issues :-