SWARAN SINGH Vs. GURDIAL SINGH

JUDGEMENT

(1.) This appeal is directed against the decree and judgment of the learned Additional District Judge, Ludhiana in Civil Appeal No. 13 of 1996 dated 26.3.1998.

(2.) The defendants are the appellants. The plaintiff-respondent filed the suit for specific performance of an agreement of sale dated 26.8.1989 executed by one Bhajan Singh or in the alternative for recovery of a sum of Rs. 4,000/- as damages. According to the plaintiff,. Bhajan Singh agreed to sell the suit property on 26.8.1989 and executed an agreement of sale in favour of the plaintiff who received a sum of Rs. 2,000/- as earnest money. Under the agreement the sale deed was to be executed on 30.11 1990 But before the date fixed for execution of the sale deed, Bhajan Singh died on 5.10.1990. According to the plaintiff, the defendants are his legal heirs.

(3.) The defendants, in their written statement, inter alia, contended that the sale deed is null and void and without any consideration and not binding upon their rights. They further pleaded that Bhajan Singh sold 5 kanals 15 marlas of the property in favour of Gurnam Singh under two sale deeds dated 16.7.1971 and 3.8.1971 and the land measuring 4 kanals 18-5/8 marlas in favour of Gurbachan Kaur alias Bachni, defendant No. 5, on 18.12.1975 and no land was standing in his name at the time of execution of the alleged agreement of sale in favour of the plaintiff and that Bhajan Singh was not competent to sell the remaining land measuring 2 kanals and 1 marla.