ANIL KUMAR AND ORS. Vs. RANBIR SINGH

JUDGEMENT

(1.) VIDE this judgment, two Regular Second Appeals Nos. 47 and 48 of 1985 are being disposed of. These appeals have been filed by the plaintiffs whose suits were decreed by the trial court but on appeal the same was dismissed.

(2.) RANBIR Singh defendant was allotted land in village Banur. On 12th March, 1980, he agreed to sell 33 Bighas 8 Biswas of land to the Plaintiffs for a consideration of Rs. 1,10,000/ -. A sum of Rs. 10,000/ - was paid as earnest money. The sale was to be transacted in two instalment i.e. 24 Bighas of land was agreed to be sold by June 1, 1980 for Rs. 70,000/ - i.e. Rs. 60,000/ - to be paid at the time of the sale and Rs. 10,000/ - already paid as earnest money. 9 Bighas 8 Biswas of land was agreed to be sold on January 1, 1981. Since Ranbir Singh agreed to sell the land to somebody else, two suits for specific performance of the contract were filed. The first suit was filed on June 11, 1980 with respect to the sale of 24 Bighas of land & the second suit was filed on January 23, 1981 with respect to 9 Bighas 8 Biswas of land. Both the suits were consolidated and tried together, after framing of the issues in the respective suits. The suits were contested on different grounds. The following issues were framed in the first suit:

(3.) WHETHER the plaintiffs have no locus standi to file the present suit? OPP.