SWARAN SINGH Vs. BAGGA SINGH

JUDGEMENT

(1.) SUIT for specific performance of contract dated 30.12.1980 filed by plaintiff-appellant was decreed with costs by learned Sub Judge 1st Class, Fazilka vide judgment dated 12.10.1983. Appeal against the same was filed by respondent No. 1, which was partly accepted by learned District Judge, Ferozepur vide judgment dated 10.12.1984. The plaintiff-appellant was held entitled to a decree for recovery of a sum of Rs. 6,000/- with interest at the rate of 12% per annum from the date of the agreement till its realization. He was held entitled to the costs assessed by the trial Court. To that an extent, judgment passed by the learned trial Court was modified. However, there was no order as to costs in the appeal. Aggrieved of the same, the plaintiff filed the present appeal in this Court.

(2.) THE plaintiff-appellant sought possession of 8 Kanals of suit land by way of specific performance of contract dated 30.12.1980. He pleaded that the suit land was owned by Bagga Singh defendant, who agreed to sell the same to him on 30.12.1980 for an amount of Rs. 8,000/-. He received an amount of Rs. 6,000/- as earnest money. The sale-deed was to be executed on 28.12.1981. The plaintiff was ready to perform his part of the contract and remained present before the Sub Registrar on 28.12.1981 but defendant Bagga Singh failed to turn up and inspite of notice, he refused to execute the sale-deed.

(3.) IN support of his case, the plaintiff himself appeared as PW1, besides examining PW2 Kashmiri Lal, PW3 Mohon Singh, PW4 Assa Singh and PW5 Hans Raj, whereas defendant Bagga Singh appeared himself as DW1 and also relied on the testimonies of DW2 Kishan Singh, DW3 Ram Singh and DW4 Gurdeep Singh.