RAKESH SHARMA Vs. BHUSHAN LAL

JUDGEMENT

(1.) These matters have been laid before the Division Bench upon a reference made by a learned Single Judge of this Court vide his order, dtd. 26/12/2017, for answering the following questions:

(2.) We have heard Mr. K.D. Sood, learned Senior Counsel, Mr. Arsh Rattan, Mr. Tara Singh Chauhan and Mr. Rishab Chandel, Advocates, appearing for the respective parties.

(3.) Facts of the case in brief are that the plaintiff (respondent No. 1) filed a suit for possession by way of specific performance of the agreement to sell, dtd. 19/12/1997, executed in his favour by defendant No. 1 (appellant in RFA No. 276 of 2003), who agreed to sell his half share in the suit land to plaintiff (respondent No. 1) for a consideration of Rs.2,50,000.00. A sum of Rs.10,000.00 was paid as an earnest money and rest of the amount was agreed to be paid at the time of execution of the sale deed. The plaintiff averred that he was ready and willing to perform his part of obligation stipulated in the agreement and cooperate for the execution and registration of the sale deed, but defendant No. 1 was not inclined to fulfill his part of the obligation and he, in fact, left Kangra for his village without executing the sale deed. Not only this, defendant No. 1 in collusion with defendants No. 2 to 5 (appellants in RFA No. 272 of 2003 and proforma respondent No. 3), with an intention to defraud the plaintiff, executed the sale deed dtd. 23/12/1997 in favour of minor defendants No. 2 and 3.