HARBHAJAN SINGH Vs. SURINDER SINGH AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 2 Harbhajan Singh (appellant herein) has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 3.3.2015, passed by the learned District Judge, Una, District Una, Himachal Pradesh, in Civil Appeal No. 157/2014, titled as Harbhajan Singh v. Surinder Singh and another, whereby judgment and decree dated 20.6.2014, passed by Civil Judge (Senior Division), Court No. 1, Una, District Una, Himachal Pradesh, in Civil Suit No. 136/05, titled as Surinder Singh v. Davinder Singh (since deceased through LRs) & another, stands affirmed.

(2.) PLAINTIFF -respondent No. 1 Surinder Singh, hereinafter referred to as the plaintiff, filed a suit for possession, through specific performance of agreement, against defendant No. 1 Davinder Singh and his father defendant No. 2 Harbhajan Singh, alleging that defendant No. 1 inherited the suit property from his mother Smt. Jagdish Kaur, and mutation No. 305, dated 23.11.2001, entered in his favour. Vide agreement dated 17.4.2002, Davinder Singh agreed to sell the same to the plaintiff @ Rs. 16,000/ - per kanal. Plaintiff also paid a sum of Rs. 50,000/ -as earnest money to him. The balance sale consideration was agreed to be paid at the time of execution of the sale deed. Since agreement dated 17.4.2002 was misplaced, hence, fresh agreements dated 19.2.2004 and 19.8.2004 were executed. Plaintiff claims that instead of executing the sale deed within the stipulated period, defendant No. 2, in connivance with defendant No. 1, on the basis of a Will, got mutation of the suit land attested in his favour on 12.1.2005. Plaintiff was always ready and willing to execute the sale deed and as such approached defendant No. 1 many times, but to no avail.

(3.) NO written statement was filed by defendant No. 2 Harbhajan Singh.