JOGINDER KAUR Vs. AMRIK SINGH

JUDGEMENT

(1.) THIS is defendants' second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff- respondent for possession by way of specific performance of the agreement to sell dated 27.6.2001 was decreed and the appellants were directed to execute the sale deed in favour of the plaintiff-respondent.

(2.) THE bone of contention between the parties was land measuring 34 kanals situated at village Bare Ke, Tehsil and Distt. Ferozepur fully detailed in the head note of the plaint. The said land was owned by Narain Singh (predecessor-in-interest of the appellants) who during his lifetime had allegedly entered into an agreement to sell dated 27.6.2001 agreeing to sell out the suit land to the plaintiff-respondent at the rate of Rs. 1,30,000/- per acre after receiving a sum of Rs. 3,50,000/- as earnest money. The sale deed was agreed to be executed on or before 15.5.2002 but he did not execute the sale deed in favour of the plaintiffrespondent on the stipulated date which resulted into filing of the present suit by the plaintiff-respondent.

(3.) DURING the pendency of the suit Narain Singh died leaving behind his legal heirs i.e. the appellants.