BAHADUR SINGH Vs. KARTAR COLONISER PVT.LTD.

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff -Bahadur Singh had brought a suit against M/s Kartar Coloniser Pvt. Ltd., Salem Tabri, Ludhiana seeking possession of plot bearing No. 171 measuring 100 square yards as shown in red colour in the site plan attached, bounded as under: North - House of Bhagat Ram - 20' South - Street - 20' East - Joginder Singh - 45'West - House of Puran Singh - 45' bearing khasra No. 19//16/1, Khata No.317/323 bearing municipal No.B.XXX.III.1595, Ashok Nagar, Salem Tabri, Ludhiana situated within the revenue estate of village Bhaura, Hadbast No.88, Tehsil and District Ludhiana as mentioned in the jamabandi for the year 1999-2000 by way of specific performance of agreement to sell dtd. 6/6/1985.

(2.) Besides that the plaintiff craved for grant of permanent injunction restraining the defendant, his agents, attorneys from alienating and dispossessing the plaintiff from the suit property or creating any charge over it.

(3.) As per the case of the plaintiff, the defendant had carved out a residential colony in the year 1985 and had agreed to sell plot No. 171 measuring 100 square yards to the plaintiff for a sum of Rs.3,000.00 vide written agreement dtd. 6/6/1985; the defendant had received the entire consideration amount handing over possession of the plot to the plaintiff as part performance of the agreement; the plaintiff was permitted to obtain electric, water and sewerage connections and as per recital of the agreement, the defendant was not left with any right, title or interest in the plot; it was agreed that the defendant would execute and get the sale deed registered as and when it was so permitted by the State Government. According to the plaintiff after execution of the agreement, he came in possession of the plot on the same day and thereafter raised construction over it; he had obtained an electric and water connection in his name; the Municipal Corporation, Ludhiana had allotted property number to such house of the plaintiff and the same is assessed to house tax; since the entire consideration amount had been paid, only a mere formality of execution and registration of the sale deed remained to be completed. According to the version of the plaintiff he had raised double storey house on the plot; he has been approaching the defendant regularly from 6/6/1985 onwards every month requesting for execution of sale deed in his favour but the defendant put off the matter on one pretext or the other stating that sale deeds were not being executed by the Sub Registrar, Ludhiana and he would inform the plaintiff as and when the ban was lifted by the State Government. On final refusal of the defendant to do so, the plaintiff had brought the suit.