LAWS(P&H)-2018-2-140

GURJANT SINGH AND OTHERS Vs. CHAND SINGH

Decided On February 02, 2018
Gurjant Singh and Others Appellant
V/S
CHAND SINGH Respondents

JUDGEMENT

(1.) The appellant-defendants are in Regular Second Appeal against the concurrent findings of facts and law, whereby, the suit preferred by the respondent-plaintiff, seeking specific performance of agreement to sell dated 03. 04. 2002 (Ex. P5), was decreed.

(2.) Before I could advert to the arguments of learned counsel for the parties, it would be in the fitness of things to give preface of the matter for adjudication of the dispute.

(3.) The suit was filed by respondent-plaintiff seeking specific performance of the agreement to sell, ibid, on the premise that the appellantdefendants and respondent-plaintiff had executed the agreement to sell in question, in respect of land measuring 18 kanals 9 marlas at the rate of Rs. 2,20,000/- per acre against the total sale consideration of Rs. 4,50,000 in the presence of the witnesses. It was pleaded that defendant No. 1 was absolute owner in possession of the land comprised in khewat/khatoni no. 129/298 and 111/256; defendant No. 2 was owner in possession of the land comprised in khewat/khatoni no. 113/258 and defendant No. 3 was owner in possession of land comprised in khewat no. 6 to the extent of share out of 118 kanals 0 marla.