SIMBHU AND ORS. Vs. CHANDER

JUDGEMENT

(1.) This second appeal has been instituted by the defendants in a suit filed by the sole respondent herein, seeking specific performance of an agreement of sale stated to have been entered into by him with the father of the appellants-defendants on July 05, 1977. The suit was dismissed by the trial court qua the decree of specific performance but the plaintiff was held entitled to recover Rs.4400.00 as was found to have been paid by him in terms of the aforesaid agreement, alongwith interest @ 6% per annum thereupon.

(2.) That judgment and decree was challenged by the appellants- defendants, with a cross-objection filed by the plaintiff, with the first appellate court having allowed the cross-objection and having decreed the suit for specific performance in favour of the plaintiff.

(3.) As per the case of the respondent-plaintiff (hereinafter to be referred to as the plaintiff), Man Singh, father of the appellants-defendants, (hereinafter to be referred to as the appellants), executed the agreement in question in respect of agricultural land measuring 4 kanals and 18 marlas comprised in khewat no.94, killa nos. 11//23/2, (3 kanals 11 marlas), 11//24 (3K-12M) and 15//4/1 (1K-15M), situate in the revenue estate of village Surajanwas, Tehsil and District Mohindergarh (as per the jamabandi for the year 1974-75). Thus, out of the total land of 8 kanals and 18 marlas, the agreement of sale was in respect of 4 kanals and 18 marlas, for a total sale consideration of Rs.4400.00.