GURPREET KAUR Vs. NIRMAL SINGH

JUDGEMENT

(1.) Suit filed by the appellants/plaintiffs was dismissed by the trial Court vide judgment and decree dated 16.03.2016, and as even the appeal preferred against the said decree failed and was dismissed on 19.05.2017, plaintiffs No.2 and 3 are before this Court in Regular Second Appeal. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

(2.) Plaintiffs prayed for a decree for possession by specific performance of the agreement to sell dated 29.08.1990 with regard to land measuring 10 kanals 13 marlas, comprised in specific khasra numbers, situated at village Dall, Tehsil Patti, District Tarn Taran, and in the alternative, for recovery of Rs.39,272/-.

(3.) In brief, the case set out by the plaintiffs was that they were permanent resident of village Bhikhiwind, and Nirmal Singh (defendant No.1) and Bhagwan Singh, predecessor-in-interest of defendants No.2 to 5, were owners of the suit property i.e. a land measuring 10 kanals 13 marlas. Defendant-Nirmal Singh and Bhagwan Singh executed an agreement to sell dated 29.08.1990 qua the suit land in favour of the plaintiffs @ Rs.29,500/- per acre. Rs.5,000/- were paid as earnest money. The date fixed for execution of the sale deed in favour of Resham Singh, predecessor-in- interest of the plaintiffs, was on or before 18 Kattak. Subsequently, Resham Singh also paid a sum of Rs.24,500/- more to Bhagwan Singh. Accordingly, a Yadashat was recorded at the back page of the agreement. Plaintiffs have always been ready and willing to perform their part of the contract. Even, notice dated 06.02.2014 was served upon the defendants in this regard, and the plaintiffs remained present in the office of Sub Registrar, Bhikhiwind on 21.02.2014, but to no avail, thus, the suit.