CHAMELA RAM Vs. BALWANT SINGH

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the decree and judgment of the learned Additional District Judge, Yamunanagar at Jagadhri in Civil Appeal No. 54 of 1994 dated 13.1.1997.

(2.) The plaintiff filed the suit for specific performance of an agreement of sale said to have been executed by defendant No. 1 on 29.11.86 for a consideration of Rs. 35,000/- and received earnest money of Rs. 5,000/- on the same day and the balance of sale consideration was agreed to be paid before the SubRegistrar at the time of registration of sale deed which was agreed to be executed on 15.6.87 but the defendant failed to execute the sale deed as agreed upon. Therefore, the plaintiff filed the suit for specific performance of the agreement.

(3.) The suit was originally filed against Gulab Singh. It transpired that the defendant Gulab Singh died even prior to filing the suit. Thereupon, the plaintiff impleaded his legal representatives as defendants Nos.2 to 6 in the suit.