JAI BHAGWAN Vs. SURENDER SINGH

JUDGEMENT

(1.) THIS is an application under Section 5 of the Limiation Act for condoning the delay of one day in filing the appeal.

(2.) FOR the reasons stated in the application, C.M. is allowed and the delay of one day in filing the appeal is ordered to be condoned. R.S.A. No. 1185 of 2009

(3.) THE plaintiff/respondent No. 1 brought a suit for specific performance of agreement to sell dated 22.11.2000 in respect of non-arable piece of land measuring 6 biswas. The case pleaded was that late Sheo Dutt, father of the appellants and his brother Khema defendant No. 3 were co-owners of gair mumkin bara comprised in khewat No. 125, khatauni No. 221, khasra No. 883, measuring 0 bigha 6 biswas situated within the revenue estate of village Jatola, tehsil and district Sonepat. The defendant/appellants entered into an agreement to sell bara to the plaintiff/respondent No. 1 for sale consideration of Rs. 30,000/-. The entire sale consideration was paid to the vendors against a receipt at the time of execution of the agreement, and the plaintiff/respondent claimed to be in possession of the property even prior to execution of agreement to sell. It was the case of the plaintiff that after the death of Sheo Dutt, appellants failed to execute the sale deed, consequently, the suit was filed.