SUKH DEV SINGH Vs. NARANJAN KAUR

JUDGEMENT

(1.) The only question falling for determination in the present regular second appeal is whether the suit filed by the plaintiffs on 20 -4 -1983 for specific performance of the agrement to sell dated 21 -12 -1972 is within time ?

(2.) Briefly stated, the facts of the present case are these. S/Shri Rattan Singh, Saran Singh and Gurbachan Singh sons of Rania alias Tarlok Singh residents of Shamsherpur, Tehsil Paonta Sahib District Sirmaur, on 21 -12 -1972 entered into an agreement to sell with one Piara Singh, father of appellants (hereinafter referred to as the plaintiffs), whereby they agreed to sell land, detailed in the plaint and hereinafter referred to as the land in dispute for a consideration of Rs. 25,000/ -. A sum of Rs. 21,000/ - as earnest money was received by them as under on the date of the agreement vide receipts separately executed : (i) Shri Rattan Singh Rs. 8,333.33 paise (ii) Shri Saran Singh Rs. 8,333.33 paise (iii) Shri Gurbachan Singh Rs. 4.333.34 paise In other words, while the entire sale consideration as per their share was received by S/Shri Rattan Singh and Saran Singh, a part payment was received by Shri Gurbachan Singh on the date of agreement itself. The remaining amount of Rs. 4,000/ - was received by Shri Gurbachan Singh in two installments, that is, Rs. 3,800/ - on 19 -6 -1973 and Rs. 200/ - in 1981.

(3.) Shri Saran Singh above named died sometime in 1974 -75 and was succeeded by respondents 1 to 8 (defendants 2 to 9 before the learned trial court). Since some of the legal heirs of the deceased Saran Singh were minors, the execution of sale deed in pursuance of the agreement to sell was postponed since requisite permission for the sale of property for and on behalf of such minors was required to be obtained. Shri Piara Singh abovenamed died in May, 1976 and was succeeded by the plaintiffs.