BALDEV SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) That the present regular second appeal has been filed to challenge the judgment and decree dated 07.03.2013 passed by the District Judge, Jalandhar and the judgment and decree dated 15.3.2012 passed by the Civil Judge (Jr. Divn.) Nakodar.

(2.) Briefly, the facts of the case are that respondent No. 1-Teja Singh filed a suit for specific performance of agreement dated 25.09.1992 in respect of land measuring 8 kanals-6 marlas, covered under K/K No. 36/56, Khasra No. 126 situated in the area of village Kotli Kamboj, Tehsil Shahkot, District Jalandhar, which was originally owned by Gian Chand s/o Munshi Ram, resident of village Shahkot. Rather it was recorded in the name of Munshi Ram father of Gian Chand. Gian Chand being the sole legal heir of Munshi Ram executed an agreement to sell dated 25.09.1992 in favour of the plaintiff-respondent No. 1-Teja Singh after receiving a sum of Rs. 20,000/- as earnest money. It was agreed between the parties that the balance sale consideration of Rs. 30,000/- would be paid by the plaintiff-respondent No. 1-Teja Singh at the time of execution of the sale deed. It was also agreed between the parties that Gian Chand would get sale deed dated 22.01.1992 allegedly executed by his father Munshi Ram in favour of Pritam Singh son of Jawala Singh and Mukhtiar Singh son of Jagat Singh declared as null and void, being forged and fabricated document and to further serve upon the plaintiff-respondent No. 1, a notice of the same, within one month from the setting aside of the above said sale deed dated 22.01.1992. It was also agreed between the parties that in case Gian Chand fails to perform his part of the agreement, then the plaintiff would be entitled to enforce the specific performance of the contract, through competent court of law. Later on, the said Gian Chand died and the suit for specific performance was filed against his wife Asha Rani, being his legal heir.

(3.) That aforesaid Gian Chand had filed an FIR No. 167 dated 17.12.1992 under Sections 419/467/468/471/120-B of IPC at Police Station Lohian Khas against Pritam Singh s/o Jawala Singh, Pritam Singh son of Bagga Singh and Mukhtiar Singh, s/o Jagat Singh for the false and fabricated sale deed dated 22.01.1992 allegedly executed by Munshi Ram father of Gian Chand in favour of Pritam Singh s/o Jawala Singh and Mukhtiar Singh s/o Jagat Singh as Munshi Ram had already died on 16.06.1943. The FIR proceedings culminated into conviction of all the aforesaid accused vide order 27.5.2000 passed by the JMIC, Nakodar, appeal against the conviction was dismissed as also the second appeal before the High Court was also dismissed.