DULLA SINGH Vs. TILLA

JUDGEMENT

(1.) Amiran widow of Hasan, her three sons Tilla, Nathi and Rupi, as also her three daughters Halima, Guna and Goras, owned 74 kanals 2 marlas of land detailed in the plaint and situated in village Kasam Bhatti, Tehsil Faridkot in equal shares. Rupi and Goras were minors in January, 1969. On 7th of January, 1969, Amiran and her six children, named above, entered into an agreement (Ex.P. 1) with the appellants to sell their land measuring 74 kanals 2 marlas in their favour for Rs. 40,000/-. Amiran acted as guardian of her two minor children Rupi and Goras. The sale deed was agreed to be executed by 15th of June, 1969. It was agreed that in case the vendors failed to execute the sale deed, the vendees could get the agreement of sale specifically enforced and in the event of the vendees backing out they were to suffer forfeiture of Rs. 1,000/- out of earnest money in the hands of the vendors. The vendors did not sell the land to the appellants and instead sold 52 kanals 18 marlas of land out of 74 kanals 2 marlas excluding the share of two minors in favour of Harpal Singh and Rup Singh, respondent Nos. 8 and 9, for Rs. 56,000/- on 24th of June, 1971. The appellants thereupon filed a suit against the vendors as also the vendees, respondent Nos. 8 and 9, for possession of land measuring 74 kanals 2 marlas through specific performance of the agreement of sale in their favour for Rs. 40,000/-.

(2.) The suit having been contested, the trial Court framed the following issues :-

(3.) The finding of the trial Court under issue No. 1, that the vendors had agreed to sell the land in dispute to the appellants on 7.1.1969, which otherwise is correct has not been challenged. Similarly, the findings under issue Nos. 3, 4 and 5 that Rupi and Goras were minors and their share in the land could not be sold for lack of permission of the Court also remain unassailed.