DALIP KAUR Vs. ZORA SINGH

JUDGEMENT

(1.) APPLICATION allowed. Substantial questions of law are taken on record.

(2.) THE present Regular Second Appeal has been filed by defendant No. 2- appellant-Dalip Kaur (since deceased and represented by the Legal Representatives) against Zora Singh- plaintiff-respondent No. 1 (since deceased and represented by his Legal Representatives) for setting aside the impugned judgments and decrees dated 26.9.1981 and 10.8.1993 passed by the learned Sub-Judge 1st Class, Moga and learned Additional District Judge, Faridkot respectively.

(3.) DEFENDANT No. 1-Kikar Dass filed written statement and denied the factum of execution of agreement and receipt of earnest money. It was further pleaded that in fact the plaintiff had expressed his inability to get the sale deed executed and pay the balance sale consideration and therefore, he was free to sell suit land to anybody else. He also raised the objection that the suit has not been properly valued and the same was liable to be dismissed as the plaintiff-respondent No. 1 has not sued for possession by way of specific performance and further plaintiff-respondent No. 1 backed out from the agreement and was estopped by his act and conduct.