AMRIK SINGH ETC Vs. GIAN SINGH ETC

JUDGEMENT

(1.) Defendants-Appellants are in the regular second appeal against the judgment passed by the learned First Appellate Court decreeing the suit for possession by way of specific performance of the agreement to sell while reversing the judgment and decree passed by the learned trial Court.

(2.) In the considered opinion of this Court, the following substantial questions of law arise for consideration:-

(3.) Late Sh. Bhag Singh was the original owner. Bhag Singh is alleged to have entered into an agreement to sell with the plaintiff-Gian Singh. As per the agreement to sell, out of total sale consideration of Rs.35,000/-, Rs.25,000/- was paid as an earnest money and the sale deed was to be executed and registered on 15.08.1988. He and Bhag Singh were co-owners along with certain others in the joint land. It was further pleaded that rather than honouring the agreement to sell, the land was transferred in favour of defendants No.2 and 3 in breach of the agreement to sell on 20.08.1987. It is pleaded that defendants No.2 and 3 were having knowledge of the agreement to sell. Before filing of the suit, Bhag Singh had died. The suit was filed against defendant No.1-Kulwinder Kaur and subsequent purchasers defendants No.2 and 3. Defendant No.1 filed her written statement denying the execution of the agreement and pleaded that late Sh. Bhag Singh was a dead drunkard man and therefore, the plaintiff might have obtained his signatures on the agreement to sell. Defendant No.2 also filed a written statement dated 01.08.1990 pleading same thing. Defendants No.2 and 3 also pleaded that they have no knowledge of the prior agreement to sell.