VED PARKASH Vs. RAJPAL

JUDGEMENT

(1.) Defendants are in Regular Second Appeal against the judgment of reversal passed by the Addl. District Judge, Jind vide order dated 07.01.2013.

(2.) Brief facts are that the plaintiff filed a suit for specific performance against the defendants on the basis of agreement to sell dated 09.10.2001 in respect of land measuring 7 Marlas bearing Khewat No.72, Khatoni No.76, Khasra Nos.496 and 497 situated within the revenue estate of village Bohatwala, Tehsil and District Jind as shown in the plaint. Defendants No.1 to 8 and Smt. Ghoghari wife of Ratna agreed to sell the aforesaid land in favour of the plaintiff for a total sale consideration of Rs.22,000/-. Entire sale consideration was paid to the defendants and Smt. Ghoghari at the time of execution of agreement to sell. Plaintiff purchased stamp papers amounting to Rs.2750/- and defendants No.1 to 8 and Smt. Ghoghari executed the sale deed of the suit land in favour of the plaintiff which was scribed by Vikram Goel, Deed Writer. Possession of the land was delivered to the plaintiff and plaintiff constructed 3 shops and boundary wall around the suit property. After the agreement to sell, sale deed was not registered as the defendants left the office of Sub-Registrar without getting the same registered. Smt. Ghoghari has already expired and defendants No.9 to 16 were impleaded being her legal representatives.

(3.) It was also pleaded that earlier the plaintiff filed a Civil Suit No.547 dated 30.09.2004 for mandatory injunction by issuing directions to the defendants to get the sale deed executed on the basis of agreement to sell 09.10.2001, but the said suit was withdrawn by the plaintiff on 13.02.2009 with permission to file a fresh suit on the same cause of action after pleading technical defect in the suit. Thereafter, the present suit was filed on 10.03.2009.