KASHMIR SINGH Vs. GURDIAL SINGH

JUDGEMENT

(1.) Defendants-appellants are in the regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment of the trial Court resulting into decree for possession by way of specific performance of the agreement to sell dtd. 30/9/1986.

(2.) The detail facts have already been noticed by the Courts below. However, to complete the narration, some facts are being noticed.

(3.) Plaintiffs who are three in number filed a suit for specific performance of the agreement to sell dtd. 30/9/1986 through which the land situated in two different villages namely village Bhattian and village Bhundewal was agreed to be sold. In the agreement to sell dtd. 30/9/1986 with respect to the land situated in village Bhattian, it was mentioned that the land is comprised in Khata No.20-21, Khatoni No.45-46 measuring 15 kanals 18 marlas being half share of 31 kanals and 16 marlas. With respect to the land situated in village Bhundewal, it was identified by Khata Nos.18-21, Khatoni Nos.49/50/53 measuring 44 kanals 7 marlas out of joint khewat measuring 118 kanals and 7 marlas. As per the agreement, the target date for execution and registration of the sale deed was fixed as 29/12/1986. On 29/12/1986, another writing was executed, of course only by Kashmir Singh- defendant No.1, out of two brothers extending the date for execution of the sale deed to 13/1/1987 i.e. for a period of approximately 15 days. On 13/1/1987, another writing was executed which was signed by both the brothers and the date was extended by 10 days to 23/1/1987.