BIRINDER PAL SINGH Vs. GANDHARAV SINGH NAGRA

JUDGEMENT

(1.) The appellants-defendants No.1 and 2 being sons of Jagjit Singh Mann are in Regular Second Appeal against the concurrent findings of facts and law, whereby, the suit seeking specific performance of the agreement to sell dtd. 31/5/1982 in respect of partially built house No.132, Sector 9-B, Chandigarh, has been decreed.

(2.) As per the averments made in the plaint, Jagjit Singh Mann, father of appellant-defendants No.1 and 2 was owner of aforementioned house and desired to sell the demised premises. As a result thereof, the property in dispute, vide agreement to sell dtd. 31/5/1982 was agreed to be sold for a total sale consideration of Rs.10.00 lakhs against the receipt of Rs.1.00 lakh as earnest money paid, vide bank draft no.005687 dtd. 11/5/1982 drawn on Bank of Baroda, Sector 17-B, Chandigarh. The sale deed of the aforementioned agreement to sell was to be executed within a period of six months from the date of legal clearance as the premises, partly constructed, was in illegal possession of one Rattan Singh. It envisaged other conditions of obtaining 'No Objection Certificate' from the Estate Officer, Chandigarh Administration and Income Tax Clearance Certificate from the Income Tax Department, much less permission under the Urban Land Ceiling Act, 1976. Once the plaintiff came to know that the property was in occupation of Rattan Singh and he did not vacate the premises after a lot of deliberations, consideration and discussions, both the parties agreed to reduce the sale consideration by Rs.2.00 lakhs i.e., from Rs.10.00 lakhs to Rs.8.00 lakhs on the same date and finally to Rs.6.00 lakhs. Resultantly, a fresh agreement to sell was prepared and signed by both the parties. It was agreed that the sale deed would be executed within a period of five months from the date of eviction of the tenant. The symbolic possession was stated to be delivered to the plaintiff. Defendants No.1 and 2, i.e. sons of Jagjit Singh Mann were not having good relations with their father, filed a suit for permanent injunction dtd. 15/6/1982 seeking restraint against their father including the plot in question. The aforementioned injunction was vacated, vide order dtd. 2/1/1983. In appeal, again injunction was granted on 24/1/1983 and finally was vacated on 26/5/1984.

(3.) However, another civil suit bearing No.80 dtd. 11/4/1984 was, again at the instance of the sons, i.e. defendants no.1 and 2 herein, and obtained the injunction on 26/4/1984. The said injunction was vacated on 31/5/1988. During interregnum, on 12/10/1983 plot in question was resumed by the Estate Officer, Chandigarh Administration, Chandigarh but was restored vide orders dtd. 29/12/1987 and 13/3/1983, therefore, there was a blot on the title. In the meanwhile, on 5th Dec. 1987, Jagjit Singh Mann died. The plaintiff contacted defendants no.1 and 2 for execution and registration of the sale deed but they did not come forward and in such circumstances, the suit aforementioned was filed on 2/9/1989.