LABHU RAM Vs. GURNAM SINGH AND OTHERS

JUDGEMENT

(1.) VIDE agreement of sale dated 3rd March, 1973 Labhu Ram Defendant Appellant agreed to sell his 98 kanals 4 marlas of agricultural land comprised in Khewat No 769 Khatauni No 886, rectangle No. 212, Killa Nos. 7, 14, 15/1, 17,18, 19/2, 22/1, 22/2. 23 and 4 and rectangle No. 229 Killa No. 3, 24, 5, 6/2 and 7/1 as entered in Jamabandi for the year 1967 -68 to Plaintiff -Respondents for Rs. 98,200/ -. A sum of Rs. 30,000/ - was obtained as advance at the time of the execution of the agreement of sale. Holding under issue No. 4 that the agreement of sale dated 3rd March 1973 as also secondary evidence of its contents were both inadmissible in evidence, learned trial court denied to Plaintiff Respondents the relief for specific performance of the agreement of sale aforesaid dated 3rd March, 1973. They were only granted by it on 1st April, 1978 a decree for return of Rs. 30,000/ - paid by them as advance. Proportionate costs were also awarded. Feeling aggrieved of the assailed judgment and decree of 1st April, 1978 of the learned trial Court, Defendant Labhu Ram has filed regular first appeal No. 910 of 1978 in this Court.

(2.) I have heard Shri S. C. Sibal, Advocate, learned Counsel for the Defendant -Appellant, Shri H. L. Sarin, learned Counsel for Plaintiff -Respondents and have carefully gaine(sic) through the record of this Court.

(3.) IN result the appeal fails and is dismissed with costs. The amount of Rs. 30,000/ - stands deposited in the State Bank of India, Phillaur. Plaintiff -Respondents Gurnam Singh etc., may withdraw it by producing a certified copy of this order before the Bank Authorities in terms of order dated 1st November, 1978.