SAMPAT Vs. LAKSHMI NARAIN

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 28.4.2003 passed by learned courts below decreeing the suit for possession by way of specific performance filed by the plaintiff/respondents. The plaintiffs i.e. legal representatives of Matadin filed a suit for possession by way of specific performance of agreement to sell dated 15.9.1989. In the alternative, relief of recovery of Rs.1,05,000/- was also sought.

(2.) THE plaintiff/respondents brought a suit by pleading that defendant No.1 Sampat was owner of agricultural land measuring 23 kanals 16 marlas situated in the revenue estate of village Mauza Muzzafra, Tehsil Pataudi District Gurgaon. The said land was under mortgage for a sum of Rs.45,000/- with predecessors-in-interest of the appellants. An agreement to sell for a total consideration of Rs.1,05,000/- was entered into between the parties, out of which a sum of Rs.60,000/- was paid as earnest money. The sale deed was agreed to be executed on or before 15.6.1990. It was also agreed that the amount of mortgage was to be adjusted, and balance was to be paid before the Sub-Registrar at the time of registration of the sale deed.

(3.) ON notice suit was contested by raising preliminary objection that the plaintiffs had no cause of action to file the present suit. Locus standi of the plaintiff respondents to file the suit was also challenged. The defendant/appellants also raised a plea of estoppel.