RANDHIR SINGH Vs. DALJEET SINGH AND OTHERS

JUDGEMENT

(1.) This judgment shall dispose of above-mentioned two appeals as both these appeals arise out of common judgment passed by the learned first appellate court.

(2.) Defendants No.1 and 2 have filed separate appeals, challenging the judgment passed by the learned first appellate court, granting relief of specific performance of agreement to sell with respect to land measuring 91 kanals and 3 marlas, modifying the judgment passed by the learned trial court ordering refund of earnest money with interest.

(3.) The plaintiffs filed a suit for possession by way of specific performance of the agreement to sell dated 23.4.2002. The agreement to sell was allegedly executed by defendant No.1 in favour of the plaintiffs with respect to land measuring 155 Kanals and 11 Marlas, being undivided share of joint land. Defendant No.2 is father of defendant No.1. Defendant No.1 filed written statement, admitting the claim of the plaintiffs, whereas defendants No.2 and 3 are father and brother, who contested the suit.