SAUDAGAR SINGH Vs. SHER SINGH

JUDGEMENT

(1.) This is plaintiffs' appeal, who remained unsuccessful before the trial Court in their pursuit to get a decree for specific performance for which purpose they instituted a suit bearing No. 180 of 1977. In the plaint culminating into judgment and decree declining the claim of the appellants (hereinafter referred to as the plaintiffs), it was, inter-alia, pleaded that Sher Singh respondent (hereinafter referred to as the defendant) had agreed to sell land measuring 160 kanals 1 marla vide an agreement executed by him on January 12, 1975 undertaking to get the sale deed executed by August 15, 1975. As the plaintiffs were always ready and willing to perform their part of the contract and it was the defendant who had backed out, they filed a suit for possession by way of specific performance. In the alternative, they prayed for a decree for recovery of Rs. 74,000/-. It was the case of the plaintiffs that total sale price fixed for the land was Rs. 71,000/-, out of which only an amount of Rs. 2000/- was to be paid at the time of finalisation of the contract and balance stood already paid or adjusted between the parties through prior amounts or agreements of mortgage or negotiable instruments.

(2.) The defendant entered defence and pleaded in his written statement that even though the land in question was under mortgage with the plaintiffs for an amount of Rs. 35,000/-, they had obtained his thumb impression on various occasions under a fraudulent misrepresentation that he was executing lease deeds in their favour qua the land in question, which, as referred to above, was under mortgage. He denied his liability under the agreement so set up by the plaintiffs. He also denied receipt of various payments as alleged by the plaintiffs on various occasions.

(3.) Respective pleadings of the parties gave rise to the following issues :-