BALKAR SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS is plaintiffs' second appeal directed against the judgments of the learned trial Court dated 28.11.2006 and the first Appellate Court dated 26.7.2007.

(2.) THE appellants filed a suit for specific performance of an agreement to sell dated 19.7.2002 whereby the land measuring 6 kanals 15 marlas was agreed to be sold to them by one Ashok Kumar for a total sale consideration of Rs. 1,63,000/-, which was paid to him. The date for registration of the sale deed was fixed as 15.5.2006. The suit property belonged to one Daal Chand, father of Ashok Kumar and his brother Narinder Pal and after the death of Daal Chand, both of them succeeded to the estate of Daal Chand in equal shares. After execution of the agreement to sell, mutation was entered on 4.9.2002 and since the sale deed had not been executed, the appellants filed the instant suit. The appellants also pleaded that they are in possession of the suit property.

(3.) ON the basis of evidence before it, the learned trial Court came to the conclusion that the agreement stood proved, but, however, concluded that the contents of the agreement were vague as the suit property was not partitioned and the area and khasra numbers mentioned therein were certainly in excess to the share of Ashok Kumar. In this view of the matter, it resorted to the grant of an alternative relief in the following terms :-