MALKIAT SINGH Vs. BHAG SINGH

JUDGEMENT

(1.) The present regular second appeal is directed at the instance of the appellants-plaintiffs, who were not successful before the Courts below claiming specific performance of agreement to sell dtd. 1/8/1997.

(2.) It was alleged that defendant No.1 Bhag Singh (since deceased) had entered into agreement to sell dtd. 1/8/1997 in respect of half share out of total land measuring 144 kanals 6 marlas situated in village Chanlon, Tehsil and District Fatehgarh Sahib @ Rs.1.00 lakh per acre against the payment of Rs.5.00 lakhs as earnest money in the presence of marginal witnesses. The agreement further stipulated that sale deed was to be executed within 20 (twenty) days of obtaining possession of the land, which would be taken by the plaintiffs from Balbir Singh and others with their own efforts. On 2/5/1998, possession was taken by the plaintiffs through an agreement dtd. 2/5/1998 on payment of Rs.1,50,000.00 to Balbir Singh as compensation. Defendants were served with registered notice to be present before the Sub Registrar, Fatehgarh Sahib on 22/5/1998. Defendants refused to execute the sale deed. Accordingly, suit was filed on 4/6/1998.

(3.) Since the parties were at variance, the trial Court framed the following issues:-