HARI SINGH Vs. NEK SINGH

JUDGEMENT

(1.) IN the present case, the petitioners-plaintiffs filed a suit for permanent injunction. The case of the plaintiff was that the suit plot was purchased by them from Puran Singh, Mehal Singh, Kaman Singh and Hakam Singh vide agreement dated 1.2.1989 for 20,000/-. According to the plaintiff, the entire amount of the consideration was paid at the time of execution of the sale agreement dated 1.2.1989. It may, however, be relevant to note that no sale deed pursuant to this agreement dated 1.2.1989 was executed by the seller in favour of the plaintiff till the date on which the suit was filed. The suit of the plaintiff was, however, dismissed by the learned Sub Judge, Sunam vide judgment dated 22.3.1995. The said judgment was challenged by the petitioner-plaintiff before the learned Additional District Judge, Sangrur who by his judgment dated 31.1.1997 has dismissed the appeal filed by the petitioner-plaintiff. The aforesaid judgment has been challenged in the present appeal.

(2.) MR . Markan, the learned counsel appearing on behalf of the appellants submitted that the agreement dated 1.2.1989 (Ex. P-1) did not require registration. He, however, admitted that in pursuance to the said agreement, no sale deed was ever executed by the seller in favour of the appellants. He further submitted that since the whole amount of consideration i.e. Rs. 20,000/- was paid to the sellers by the appellants, the possession of the appellants was protected under section 53 of the Transfer of Property Act. Lastly, the learned counsel submitted that the statements of the witnesses examined on behalf of the plaintiffs have not been disbelieved by the learned trial court and as such the suit of the plaintiff should have been decreed.