LAJWANTI & ANOTHER Vs. MOHAN SINGH & OTHERS

JUDGEMENT

(1.) Appellant-Defendants are in Regular Second Appeal against the judgment and decree dated 21.12.1989, whereby the appeal preferred by the respondent-plaintiffs against the judgment and decree dated 31.10.1987 of the Additional Senior Sub Judge, Kaithal dismissing the suit, has been allowed, in essence the suit has been decreed.

(2.) Respondent-Plaintiffs instituted the suit on 13.12.1983 seeking specific performance of the agreement to sell dated 30.08.1980 on the premise that defendant No.1 Smt.Lajwanti, through power of attorney Udey Ram- defendant No.3, entered into an agreement in respect of land measuring 16 kanals 10 marlas, i.e., half share of the total land measuring 33 kanals 1 marla comprised in Rect. No.77, Killa No.16/5, Rect. No.85, Killa No.23/1, Rect.no.97, Killa No.3, 8, 9/2, 12/2, 13/1 situated at Village Kheri Gulam Ali, Tehsil Guhla for a total sale consideration of Rs.23,000/- against receipt of Rs.2000/- as earnest money. As per the terms and conditions of the agreement to sell, the sale deed was to be executed on 15.12.1980 and the remaining sale consideration was to be paid at that relevant point of time. The respondent-plaintiffs were always ready and willing to perform their part of the contract, but the defendants did not perform and, therefore, claimed discretionary relief.

(3.) Defendant No.2 contested the suit by filing written statement, wherein execution of the agreement to sell and its terms and conditions were admitted, but stated that she along with defendant No.1 reached the office of Sub Registrar on 15.12.1980. The plaintiffs were neither ready and willing to perform their part nor they were present. They marked their presence by submitting application Ex.D1 to the Sub Registrar. Plaintiff No.2 Naranjan Singh reached the Tehsil premises at about 4.30 PM and requested for extension of time for execution and registration of the sale deed as he was not having sufficient sale consideration.