NIRMAL SINGH AND OTHERS Vs. GURDIT SINGH

JUDGEMENT

(1.) This shall dispose of Execution Second Appeal No. 1720 of 1998 as well as Execution Second Appeal No. 1721 of 1998.

(2.) Both the Execution Second Appeals have arisen out of common judgment dated 6th Jan., 1996 passed by Additional District Judge, Kapurthala affirming the order of Civil Judge (Senior Division), Kapurthala whereby applications filed by the appellants under section 144 of the Code of Civil Procedure have been dismissed.

(3.) It is no more in dispute that Gobind Mal, Brij Lal, Vassan Mai and Baldev Singh were owners of some land. Their attorneys sold part of land owned by Gobind Mal, Brij Lal, Vassan Mai and Baldev Singh in favour of one Yashodha Bai and other part in favour of Raj Rani by means of two sale deeds. Later on, Yashodha Bai and Raj Rani, vide two agreements to sell, agreed to sell the said land to Inder Singh and Gurdit Singh. Since in pursuance of the agreement to sell, Yashodha Bai and Raj Rani failed to execute the sale deeds in favour of Inder Singh and Gurdit Singh, two suits were filed for specific performance of the contract by Inder Singh and Gurdit Singh. It is also no more in dispute that in execution of the said two agreements to sell, Inder Singh and Gurdit Singh were put in possession of the land involved in both the suits. Nirmal Singh son of Kirpa Singh and Smt. Pritpal Kaur wife of Amrik Singh (appellants herein) set up two sale deeds dated 26th Aug., 1969 one alleged to have been executed by Ambi Bai widow of Gobind Mai and Yashodha Bai and second by Ambi Bai and Raj Rani. Nirmal Singh and Pritpal Kaur also filed two suits under section 6 of the Specific Relief Act alleging that they have been dispossessed by Inder Singh and Gurdit Singh in an illegal manner and are entitled to be put in possession of the suit land. All the four suits were consolidated for the purpose of evidence and by a common judgment dated 16th June, 1972 delivered by Senior Subordinate Judge, Kapurthala, suits filed by Nirmal Singh and Pritpal Kaur under section 6 of the Specific Relief Act were dismissed and those filed by Inder Singh and Gurdit Singh were decreed. In execution of the decrees passed in suits for specific performance, two sale deeds pertaining to land measuring 41 kanals 16 marlas and 41 kanals 18 marlas respectively were executed on 26th July, 1974 and got registered on 29th July, 1974 and 31st July, 1974 respectively by the Local Commissioner appointed by the Executing Court on deposit of the balance sale consideration by Inder Singh and Gurdit Singh. Sale deed pertaining to land measuring 41 kanals 16 marlas was executed by the Local Commissioner on behalf of Yashodha Bai widow of Munshi Ram, Ambi Bai widow of Gobind Mal, Nirmal Singh son of Kirpa Singh and Pritpal Kaur wife of Amrik Singh. Likewise, second sale deed pertaining to land measuring 41 kanals 18 marlas was executed by the Local Commissioner on behalf of Raj Rani wife of Karam Chand, Ambi Bai widow of Gobind Mai, Nirmal Singh son of Kirpa Singh and Pritpal Kaur wife of Amrik Singh. Against the judgment and decree passed in four suits, four first appeals were preferred in this Court by Nirmal Singh and Pritpal Kaur. Learned Single Judge vide judgment dated 15th July, 1983 allowed all the four appeals meaning thereby that two suits filed by Nirmal Singh and Pritpal Kaur were decreed and two suits filed by Inder Singh and Gurdit Singh for specific performance of the agreement to sell were dismissed with the rider of return of Rs. 19,000.00 and Rs. 18,000.00respectively which Inder Singh and Gurdit Singh had paid towards earnest money. Inder singh and Gurdit Singh preferred four Letters Patent Appeals. During the pendency of Letters Patent Appeals, Inder Singh died and his legal representatives were brought on record. The Letters Patent Bench vide judgment dated 21st Jan., 1991 allowed two appeals in regard to suits which Nirmal Singh and Pritpal Kaur had filed and the judgments and decrees of the learned Single Judge were set aside and as a consequence thereof suits filed by them under section 6 of the Specific Relief Act were dismissed. In regard to the suits filed by Inder Singh and Gurdit Singh for specific performance of the agreement, appeals were allowed and the judgments and decrees were modified to the extent that their suit with respect to the share of Gobind Mal would stand dismissed and they were held liable to pay proportionate sale price of the remaining land. Suits for specific performance of the agreements to sell qua share of Gobind Mal were dismissed because it was found that Gobind Mal had died on 30th Nov., 1961 whereas land qua his share was sold by his attorney on 16th Sept., 1967. Since Gobind Mal had died before the date of sale, authority in favour of his attorney Mangat Ram had come to an end. The effect of judgment dated 21st Jan., 1991 of the Letters Patent Bench was that the sale deeds dated 26th July, 1974 pertaining to land measuring 41 kanals 16 marlas and 41 kanals 18 marlas respectively which had been executed in favour of Inder Singh and Gurdit Singh in execution of the decrees passed in their favour in two suits filed by them for specific performance of the agreements to sell, were held to be invalid qua the share of Gobind Mal. It is further not in dispute that during the course of execution proceedings, Inder Singh and Gurdit Singh had deposited the balance sale consideration and that was allowed to be withdrawn by the appellants as the appellants were the vendees from the legal representatives of Gobind Mai, namely, Ambi Bai.