GURMIT SINGH AND OTHERS Vs. INDERJIT SINGH

JUDGEMENT

(1.) The defendant-appellants are in the Regular Second Appeal against the judgment passed by the learned First Appellate Court while reversing the judgment of the trial Court and decreeing the suit filed by the plaintiff for specific performance of the agreement to sell.

(2.) It would be significant to note here that the plaintiff is son of pre-deceased brother of defendant No.2-Hardayal Singh. Defendant No.1- Harjap Singh is son of Hardayal Singh is his first cousin, whereas defendant Nos.3, 4 and 5 are nephews of Hardayal Singh being sons of sister of Hardayal Singh.

(3.) The plaintiff filed a suit asserting that Harjap Singh, his first cousin, had initially entered into an oral agreement to sell in November, 1974 and had received a sum of Rs. 6,000/- as earnest money. The plaintiff further pleaded that thereafter, defendant No.1-Harjap Singh through his General Power of Attorney (Hardayal Singh, father) executed a written agreement to sell and received additional earnest money of Rs. 6,000/-.