TRIPT RAJINDER SINGH BAJWA Vs. CHANDER BHUSHAN SINGH

JUDGEMENT

(1.) This judgment shall dispose of RSA-4261-1999, filed by plaintiff (appellant herein), against the judgment dated 29.5.1999, passed by lower appellate Court and Cross Objections-4434-C-2000, filed by respondents No. 1 and 2, against some adverse finding given by lower appellate Court on issue No. 1.

(2.) Facts of the case are that originally plaintiff Tript Rajinder Singh Bajwa filed a civil suit against defendants No. 1 to 8 (respondents No. 3 to 10 herein), who are legal heirs of Amar Singh Bedi for specific performance of agreement dated 6.6.1983, regarding land measuring 49 kanals 3 marlas, fully detailed in head note of suit, situated in village Qadian, H.B. No. 177, Tehsil Batala, District Gurdasur, as per jamabandi for the year 1979-80.

(3.) The case of plaintiff/appellant is that Amar Singh son of Mela Ram son Gulab Singh, resident of Qadian, was owner of the suit land. The said Defendants No. 1 to 6 and defendants No. 7 and 8 are daughters and sons respectively of Amar Singh. Said Amar Singh died on 8.12.1970. Mutation No. 1275 was sanctioned in their favour on 13.12.1983. It is stated that defendants No. 1, 7 and 8, being general power of attorney dated 16.4.1983 of all defendants, entered into agreement of sale dated 6.6.1983 in favour of plaintiff/appellant. Through said agreement of sale, defendants agreed to sell suit land for Rs. 1,90,000.00. Rs. 5,000.00 was paid as earnest money to defendant No. 1/respondent No. 3. The sale deed was to be executed and registered after expiry of 15 days from the date of sanction of mutation. Mutation No. 1275 was sanctioned on 13.12.1983. Defendants also agreed to sell tubewell along with land. Defendants have committed breach of agreement by not executing the sale deed. Plaintiff was always ready and willing to perform his part of contract.