RACHHPAL SINGH Vs. PUSHPA

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgments and decrees dated 5.9.2006 and 6.2.2009 passed respectively by the Civil Judge (Senior Division), Jalandhar (hereinafter described as 'the trial Court') and the Additional District Judge, Jalandhar (referred to hereinafter as 'the First Appellate Court') whereby the suit of the plaintiffs - Ram Lal (since deceased) and Rajiv Singh was decreed and the appeal of defendant Nos. 1 to 3 - appellants was dismissed.

(2.) RAM Lal, the predecessor-in-interest of present respondent Nos. 1 to 5 and Rajiv Singh- respondent No. 6 had preferred a suit for specific performance against the appellants, respondent No. 7 and Harbans Kaur widow of Dalip Singh, who has since expired. It was pleaded that Dalip Singh was owner of land measuring 16 kanals fully detailed and described in the head note of the plaint. He had entered into an agreement to sell the said land with Ram Lal and Rajiv Singh on 28.7.1996. The sale consideration was agreed at the rate of Rs. 28,25,000/- per acre. At the time of execution of the agreement, a sum of Rs. 6 lacs was paid as earnest money to Dalip Singh by Ram Lal and Rajiv Singh in the presence of marginal witnesses. The date of execution and registration of the sale deed was fixed as 5.8.1997. It was further stipulated in the agreement that if the vendees failed to get the sale deed executed and registered in their favour up to the date fixed, the earnest money paid by them shall stand forfeited and in case, the vendor failed to do so, then the vendees shall be at liberty get the agreement enforced through the court of law at his expenses. As per the agreement, a further sum of Rs. 16,00,000/- was to be paid by 5.12.1996 and another sum of Rs. 14,00,000/- by 5.4.1997 and the vendor was to get the land demarcated before the execution and registration of the sale deed and the balance consideration was to be paid accordingly. In compliance of the agreement to sell, Ram Lal and Rajiv Singh paid a sum of Rs. 16,00,000/- on 5.12.1996 to Dalip Singh, who, after acknowledging the same, executed a registered general power of attorney dated 5.12.1996 and also a Will of the same date in their favour in respect of land measuring 4 kanals and 10 marlas out of the above said land. The power of attorney was irrevocable. Ram Lal and Rajiv Singh had further paid a sum of Rs. 14,00,000/- on 7.4.1997 to Dalip Singh, who again acknowledged the same and executed a registered power of attorney dated 7.4.1997 and a Will of the same deed in their favour in respect of 4 kanals of land. The said power of attorney was also irrevocable.

(3.) UPON notice, the appellants appeared and filed their written statement resisting the suit, whereas respondent No. 7 and Smt. Harbans Kaur did not appear despite service and were proceeded against ex parte.