JASWANT SINGH Vs. MALKIAT SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Malkiat Singh son of Sadhu Singh, resident of village Khun Khun Kalan, Tehsil Dasuya, District Hoshiarpur had originally brought a suit against defendant Amarjit Singh, resident of that very village seeking confirmation of possession as owner, by way of specific performance of an agreement dated 27.7.1993, of land measuring 5 kanals 13 marlas situated at village Khun Khun Kalan, Tehsil Dasuya, District Hoshiarpur fully described in head-note of the plaint.

(2.) As per version of the plaintiff, defendant No.1 being owner of the suit land had entered into agreements to sell the same with him on 17.8.1984, 29.4.1988 and 27.7.1993 after receiving the amount of Rs.25,000/-; as a matter of fact the total amount settled in respect of the suit property between the parties was Rs.36,725/-, out of which the defendant received Rs.20,000/-; vide agreement dated 17.9.1984, 29.4.1988 and endorsement dated 3.10.1992 executed by defendant in favour of the plaintiff earlier and amount of Rs.5,000/- was also received on 27.7.1993; all the earlier writings were admitted vide agreement dated 27.7.1993; the sale deed was to be executed within four months after decision of appeal pending in the High Court after service of notice by the defendants in that regard; the possession of the suit property had already been delivered by the defendant to the plaintiff. According to the plaintiff, he has always been ready and willing to perform his part of contract, however the defendant with mala fide intention entered into compromise in respect of the appeal with his brothers pending in the High Court; that was done in absence of the plaintiff; the plaintiff had filed a review petition in the High Court and the High Court stayed the alienation of the suit land or creating third party right in the same vide order dated 25.4.2001; the plaintiff had also served a legal notice upon the defendant, to which the latter filed reply; the plaintiff had filed a suit for permanent injunction, wherein the defendant had submitted written statement concealing the fact of compromise. On final refusal of the defendant to admit the claim of the plaintiff, he brought the suit in question.

(3.) On being put to notice, the defendant No.1 appeared and filed written statement contesting the suit; inter alia he had raised preliminary objections that the suit was not maintainable; that the suit was time barred; that the plaintiff had no locus standi or cause of action to file the suit; that the plaintiff was estopped from filing the suit by his act and conduct. On merits, the answering defendant denied having entered into any agreement with the plaintiff. According to him, he was not owner of the suit property as per the decision of the High Court dated 6.2.2001. Such defendant denied having received any money from the plaintiff.