SARDARA SINGH Vs. MOHAN LAL

JUDGEMENT

(1.) THIS judgment will also dispose of R.S.A. No. 2531 of 1982 because the facts are common in both the cases.

(2.) KRISHAN Lal (defendant No. 2 in the suit) acquired the suit land through a preemption decree. The amount for the said decree was paid by Sardara Singh (defendant No. 1 in the suit). That being so, in the year 1959 Sardara Singh along with one Sajjan Singh entered into an agreement for purchase of the said property with KRISHAN Lai defendant No. 2 for a sum of Rs. 5,000/-. A sum of Rs. 4332/- was paid at the time of agreement on 5th of March, 1959. The balance amount of Rs. 668/- was to be paid at the time of registration of the sale deed. Possession of the land was to be given to the purchasers after obtaining the same from the vendees in the pre-emption suit filed by KRISHAN Lal. Later on, there was some dispute between the parties, i.e. between Sardara Singh and KRISHAN Lal and the matter was thus referred to the two arbitrators i.e. Shri Faqir Chand and Shri Bansi Lal, each appointed by both the parties to give their award. Consequently, award dated 24-2-65 was given in favour of Sardara Sjngh. According to the said award the possession of the land was with Sardara Singh and the amount of Rs. 5,000/- the sale price had already been paid by Sardara Singh to KRISHAN Lal and. therefore, KRISHAN Lal will execute the sale deed in favour of Sardara Singh. The said award was got registered on 8-6-65. Subsequent thereto it was made rule of the Court on 30-7-66 vide order copy Exhibit D-5. Appeal against the said order was dismissed on 27-7-1967 vide copy Exhibit D.4. When the award was made a rule of the Court a decree was passed in terms thereof to the effect that "I grant a decree for the specific performance of the agreement of sale on payment of Rs. 5,000/- already paid in favour of the petitioner i.e. Sardara Singh and against the respondent No. 1, i.e. KRISHAN Lal with costs". In spite of the award being made the rule of the Court in the above said terms, KRISHAN Lal vide sale deed dated 6-3-65 sold half of the land which was the subject matter of the agreement of sale to Sajjan Singh and got the same pre-empted by his sons Mohan Lal and Madan Lal (the plaintiffs in the suit) and Sajjan Singh suffered a consent decree against him. On the strength of the said compromise decree in favour of said Mohan Lal and Madan Lal they filed the present suit for one-half share against Sardara Singh impleading their father KRISHAN Lal also as defendant No. 2. According to the plaintiffs, the defendant Sardara Singh has entered into the possession of the suit property basing his title on certain purchases arid had also secured an entry in column No. 10 of the Jamabandi 1963-64 (Billa Lagan Battassawar Bai) but there was no sale deed as yet in his favour and his possession on the suit land was that of a tress-passer. It was further stated that Sardara Singh defendant claims to have obtained a decree for specific performance of a contract of sale against KRISHAN Lal defendant but that as it may be the plaintiffs are not bound by any such decree as they were not parties thereto. Hence, they are entitled to the joint possession thereof along with defendant Sardara Singh in the present suit.

(3.) HOWEVER, since there was a factual mistake in the judgment of the Additional District Judge as regard the date of the award, an application was made by Sardara Singh defendant. According to the defendant Sardara Singh, the award is dated 24-2-65 whereas the learned Additional District Judge has taken it to be 8-6-65. But the said application was dismissed.