SANTOSH CHAUHAN Vs. RAJINDERDEEP KAUR AND OTHERS

JUDGEMENT

(1.) Plaintiff-Appellant is in the regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment and decree passed by the learned trial Court.

(2.) Plaintiff initially filed a suit for permanent injunction, which was later on amended and relief of specific performance of the agreement to sell was added. Plaintiff claims that there was an agreement to sell between the parties dated 20.11980, which is not being honoured by the defendants and, therefore, decree for specific performance of the agreement to sell be passed. When plaintiff originally filed a suit for injunction, he prayed that the defendants be restrained from alienating, leasing out or transferring or parting with possession in any manner with respect to half portion of Kothi No.7 known as Happy Nest (Right side). Suit was instituted on 05.09.1981. Defendants contested the suit and pleaded that agreement to sell was not executed for ultimate execution of the sale deed and the defendants were having good relations with the plaintiff and her husband and the plaintiff wanted to raise a loan for which agreement to sell was executed and for that reason only agreement to sell was kept vague.

(3.) Learned trial Court decreed the suit whereas learned First Appellate Court after finding that issues No.1 and 4 have not been answered by the learned trial Court asked for a report from the learned trial Court vide order dated 16.02.1989. Report was submitted on 11.01989. Finding of issues No.1 and 4 was returned against the plaintiff. Relevant extracts of the report are as under:-