ATTAR SINGH Vs. LABH KAUR AND OTHERS

JUDGEMENT

(1.) The appellant-plaintiff is aggrieved of the concurrent finding of fact whereby the suit seeking specific performance of the agreement to sell dated 6.3.2000 extended on 3.3.2003 upto 05.03.2004 and then extended on 4.3.2004 to 4.8.2004 in respect of land measuring 12 bighas 3 biswas situated within the revenue estate of village Barana, Tehsil Dera Bassi, District Patiala and for specific relief of declaration challenging the sale deed executed by defendant No.2 in favour of defendant No.1to be illegal, null and void and without consideration with consequential relief of permanent injunction restraining defendant No.1 from selling, alienating, transferring or encumbering the land measuring 8 bighas 3 biswas has been dismissed and affirmed by the lower Appellate Court.

(2.) The suit was based on the aforementioned agreement to sell and in respect of the aforementioned agreement to sell, the plaintiff examined two attesting witnesses namely Gurdeep Singh, PW2 being marginal witness and Raman Sharma as PW7 as well as on extension also.

(3.) Defendant Nos.1 to 7 were ex parte whereas defendant No.8, the subsequent vendee, who had purchased the property from defendant No.1 during the pendency of the suit contested the suit and took all the pleas which defendant No.1 could have taken.