OMWATI AND OTHERS Vs. HANIF KHAN AND OTHERS

JUDGEMENT

(1.) Appellant - defendants No. 2 to 5 are aggrieved of concurrent findings rendered against them by the learned Additional Civil Judge (Senior Division), Hodal vide judgment and decree dated 07.03.2014 as well as by the learned Additional District Judge, Palwal vide judgment and decree dated 23.11.2016.

(2.) Suit filed by the plaintiff - respondent No. 1 seeking a decree for possession by way of specific performance of the agreement to sell dated 30.03.2007 and for declaration to the effect that sale deed dated 22.05.2007 besides mutation No. 1114 dated 14.11.2007 are illegal, inoperative qua his rights was decreed by the learned trial Court and upheld by the learned first Appellate Court.

(3.) Brief facts necessary for adjudication of the case are that as per averments in the plaint, respondent No. 2 (defendant No. 1 before the learned trial Court) entered in an agreement to sell dated 30.03.2007 of 6/7 share out of total land measuring 10 kanal 6 marlas as detailed in the plaint for a total sale consideration of Rs. 3,00,000/-. A sum of Rs. 2,00,000/- was received as earnest money by defendant No. 1 in the presence of witnesses and remaining amount of Rs. 1,00,000/- was agreed to be paid on or before 23.09.2007 i.e. the date fixed for execution of the registration of the sale deed. The receipt in token of earnest money was also executed by defendant No. 1 on the same day. It was pleaded by the plaintiff that he was always ready and willing to perform his part of contract, however, defendant No. 1 in collusion with defendants No. 2 to 5 despite having knowledge of agreement to sell dated 30.03.2007 and in violation of the terms and conditions thereof executed sale deed dated 22.05.2007 in an illegal secretive manner in favour of defendants No. 2 to 5. Hence, the present suit was filed.