MANGAL Vs. SUBE SINGH (SINCE DECEASED) THROUHG LRS

JUDGEMENT

(1.) These two appeals filed by the defendant-appellant are arising from the separate suits for possession by way of specific performance of the agreement to sell which have been decided by separate judgments. However, since the issue which needs determination is common, therefore, counsel for the parties are agreed that these appeals can be conveniently disposed of by a common judgment.

(2.) In Regular Second Appeal No.1516 of 2013, learned trial court dismissed the suit, whereas the learned first appellate court has reversed the judgment. Whereas in Regular Second Appeal No.1588 of 2012, defendantappellant is in the regular second appeal against the concurrent findings of fact.

(3.) Plaintiff propounds two agreement to sell dated 19.01.2006, executed by the defendant-appellant. One is with respect to land measuring 14 kanals and 5 marlas for a total sale consideration of Rs.24,04,688/- and earnest money of Rs.2,40,000/- was paid. In the other case, agreement to sell is with respect to land measuring 2 kanals and 6 marlas for a total sale consideration of Rs.13,50,000/- and earnest money of Rs.38,000/- was paid.