SHABEG SINGH Vs. AMANDEEP SINGH

JUDGEMENT

(1.) Father and son have filed two separate regular second appeals against the concurrent findings of fact arrived at by the courts below, decreeing separate suit for possession by way of specific performance of the agreement to sell.

(2.) Counsel for the parties are agreed that both these appeals can be disposed of by a common judgment.

(3.) On 06.01.1996, the defendants-appellants, father and son executed two agreement to sell, receiving earnest money of Rs.62,500/- in the case of father and Rs.1,00,000/- in the case of son. It was agreed that the plaintiff would re-pay the bank loan and after getting the land free from charge, get the sale deed executed. No further payment was to be made to the defendants in both the suits. It is not in dispute that the plaintiff deposited the amount with the bank and got the land released from the mortgage on 02.07.1996. It is the case of the plaintiff that thereafter he has been visiting the defendant in both the suits to come and execute the sale deed but the defendant in both the suits kept on delaying, forcing the plaintiff to serve notices dated 08.02.1998 and 28.03.1998 but the defendant in both the suits did not come forward to perform their part of the contract.