MOHINDER SINGH AND ORS. Vs. SHINGARA SINGH

JUDGEMENT

(1.) Defendants-appellants are in the Regular Second Appeal against the judgments passed by the Courts below.

(2.) This Court is at the outset of the considered view that the Courts have failed to decide the real controversy between the parties on account of framing of wrong issues. The plaintiff is alleged to have purchased the property from owner Tara Singh vide registered sale deed dtd. 25/11/1991. He has claimed that after construction over some portion, he had leased out the property to the defendants.

(3.) On the other hand, the defendants had pleaded that Tara Singh had executed an agreement to sell in their favour on 29/12/1981 for a total sale consideration of Rs.2500.00 out of which Rs.2000.00 was paid as earnest money. It is further pleaded that the sale deed was to be executed after Tara Singh gets proprietary rights in the property in dispute. Defendants have also claimed that they have raised construction on the property by spending Rs.1,50,000.00.