JAGIR SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) The present appeal directs challenge against concurrent findings recorded by the courts whereby suit for specific performance of agreement to sell dated 4.10.1988 in respect of land measuring 8 kanals being 160/915 share of land measuring 45 kanal 15 marlas comprised in khasra No. 5/1, 6/1, 7/1, 8/1, 2, 3, 4/1, 4/2,9/1 of Rect No. 20 Khasra No. 24/2, 25/1 of Rect No. 19 of khewat No. 74, khatoni No. 97, 98 and 99 was decreed by the Additional Senior Sub Judge, Nawan Shahr (hereinafter referred to as "the trial court") vide judgment and decree dated 16.2.1994. The appeal preferred by unsuccessful defendants (appellants herein) sons of Gurdial Singh (since deceased) did not find favour with the Additional District Judge, Jalandhar as the same was dismissed vide judgment and decree dated 8.5.1997.

(2.) The facts relevant for disposal of present appeal are that as per case set up by the respondent-plaintiff, Gurdial Singh father of the defendants entered into agreement to sell the suit land for consideration of Rs. 80,000/-. The agreement was reduced into writing on 4.10.1988 and a sum of Rs. 58,000/- was paid to Gurdial Singh and was to be deducted from the remaining sale consideration. The sale deed was agreed to be executed on 13.2.1989. Gurdial Singh failed to return the amount as stipulated, to the plaintiff and after his death, defendants failed to return the said amount to the plaintiff, therefore, the plaintiff is legally entitle to seek specific performance on the basis of stipulations in agreement to sell. On the target date, plaintiff came to the office of Sub Registrar, ready with money and also to defray the stamp and registration expenses. The defendants did not come present to execute the sale deed. The plaintiff got his presence marked by way of affidavit. He always remained ready and willing to perform his part of the contract but defendants are guilty of breaching terms and conditions of the agreement. Hence the suit.

(3.) The trial court framed the following issues:-