SUBHASH CHAND Vs. BALWINDER KAUR AND ORS

JUDGEMENT

(1.) This plaintiff has filed regular second appeal against the judgments of the Courts below whereby his suit for specific performance of agreements dated 8.7.2002 and 30.7.2002 executed by Mohan Singh (deceased) with the plaintiff and for declaring the registered sale deed No.3575 dated 13.1.2003 executed by Mohan Singh in favour of M/s M.S.B. Healthy Foods Private Limited Benra (defendant No. 4) as illegal and null and void has been dismissed.

(2.) For convenience reference to the parties is being made as per their status in the civil suit.

(3.) The case set up in the plaint was that Mohan Singh (since deceased) had agreed to sell land measuring 5 kanals i.e. 2/3rd share of land measuring 7 kanals as mentioned in the head note of the plaint to the plaintiff. An agreement to sell dated 8.07.2002 was executed between Mohan Singh and the plaintiff. As per this agreement Mohan Singh, (since deceased) agreed to sell the land @Rs.42,000/- per bigha. The plaintiff paid Rs.25,000/- to Mohan Singh as advance at the time of execution of agreement. The sale deed was to be executed on or before 30.7.2002. On 30.07.2002 Mohan Singh requested the plaintiff that he required more money as he was to purchase some machinery parts for his factory. He also requested that the date of execution of the sale deed be extended. The plaintiff advanced a further sum of Rs.75,000/- to Mohan Singh and a writing dated 30.7.2002 was executed whereby the time was extended to 10.04.2004.