JAGDEEP SINGH Vs. CHUHAR SINGH

JUDGEMENT

(1.) Defendant-Appellant is in the regular second appeal against the judgment passed by the learned first appellate court.

(2.) Undisputed facts are that Uttam Singh, father of the plaintiff (since deceased) was a tenant on the land in dispute measuring 9 Bigha and 15 Biswas. The defendant-appellant agreed to sell the aforesaid land to late Shri Uttam Singh, father of the plaintiff, for a sum of Rs.6500/-, vide agreement to sell dated 15.5.1978. On execution of the agreement to sell, the defendant-appellant received Rs.2,000/- as earnest money. The father of the plaintiff was already in possession of the aforesaid land as tenant, therefore, he continued in possession thereof.

(3.) The agreement to sell is Ex.P1 on the file. It is provided in the agreement to sell that when the defendant-appellant got the mutation of the land sanctioned in his favour, he would inform Shri Uttam Singh, father of the plaintiff, about the sanction of mutation. It is also provided that saledeed was to be executed by the defendant within 15 days of intimation of sanction of mutation in his favour.