BIJENDER SINGH AND OTHERS Vs. MAHINDER

JUDGEMENT

(1.) The Appellants-defendants are in regular second appeal against the judgment and decree rendered by Lower Appellate Court whereby the appeal filed against the judgement and decree dated 6.8.2012 of the trial Court, dismissing the suit of the plaintiff-respondent has been allowed while decreeing the suit for possession by way of specific performance of an oral agreement to sell dated 15.11.2007.

(2.) Respondent/plaintiffs instituted the suit seeking specific performance of oral agreement to sell dated 15.11.2007 in respect of land measuring 01 kanal 19 marlas, for total sale consideration of Rs. 3 lacs against the receipt of Rs. 16,000/- as earnest money. The oral stipulated date for execution and registration of the sale deed was kept in the month of July 2008. The respondent/plaintiff instituted the suit on 08.01.2008 itself. Owing to the apprehension that defendants were dealing with the property in the aforementioned injunction suit, the vendor/defendant No. 1 appeared and suffered a statement on 4.3.2008 that he would not alienate the suit property. On the basis of the aforementioned statement the suit was withdrawn, for, during the interregnum the plaintiff acquired the knowledge that the vendor had exchanged the land with Bijender Singh-defendant No. 2, appellant herein, vide exchanged deed dated 29.02.2008 who further sold the same to his wife defendant No. 3 vide sale deed dated 18.03.2008.

(3.) The aforementioned suit was contested by the defendants by denying the execution of the oral agreement, much less, receipt of the earnest money. It was stated that the defendants never entered into an agreement to sell, however, since he was an absolute owner of the property, the factum of sale deed was not denied, but to be valid and genuine document. The trial Court framed the following issues:-