ISHAM SINGH (SINCE DECEASED) Vs. ISHAM SINGH

JUDGEMENT

(1.) Appellant (defendant in Civil Suit No.196 of 2012 and plaintiff in Civil Suit No.195 of 2012), which were consolidated, has not been successful in defending the claim for specific performance and challenge to the agreement to sell. Isham Singh son of Harkesh claimed the discretionary relief for specific performance of the agreement to sell dated 03.10.2008 in respect of agricultural land measuring 8K-0M on account of the fact that the entire sale consideration of Rs. 10,00,000.00 had already been paid in the presence of the witnesses and possession thereof was also delivered, but the vendor, i.e., appellant Isham Singh alias Mangat Ram son of Matu did not come forward to perform his part of the agreement. The defendant in the first suit also claimed declaration challenging the agreement to sell, on the premise, that he had never entered into the same as he was involved in FIR No.318 dated 24.10.2005, under Sections 148, 149, 323, 324, 326, 307 and 506 Penal Code and a writing was executed in Panchayat, whereby amount of Rs. 5,80,000.00 was imposed as a compensation.

(2.) Both the parties led evidence. The trial Court decreed the suit of the respondent, who was plaintiff in Civil Suit No.196 of 2009 and the appeal laid before the Lower Appellate Court was also dismissed.

(3.) Before Mr. Rathore commenced his argument, he drew the attention of this Court to the order dated 16.01.2018, which reads as under:-