HARNEK SINGH Vs. SURJEET KAUR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 27-2-1981 passed by the learned District Judge, Sri Ganganagar whereby the learned District Judge has dismissed the suit filed by the plaintiff-appellant.

(2.) The brief facts leading to this appeal are : that plaintiff-Harneksingh filed a suit against defendants-Punjab Kaur widow of Baggasingh and mother of Mewasingh, Balwant Kaur widow of Mewasingh and Jugrajsingh son of Mewasingh, who was minor aged about 10 years, for specific performance of the agreement to sell of the land measuring 4 bighas and 18 biswas situated in Chak No. 3A, Tehsil Sri Ganganagar District Sri Ganganagar for a sum of Rs. 13000/- executed by Mewasingh (since deceased) on 11-4-1974. Defendant-Punjabkaur was the mother and defendant-Balwant Kaur was the widow of deceased-Mewasingh and Jugrajsingh is the son of deceased executant of the agreement to sell. Defendants-Punjabkaur and Balwant Kaur died during the pendency of the suit and their legal representatives were brought on record.

(3.) It has been averred in the plaint that agreement to sell was executed on 11-4-1972 by deceased-Mewasingh in favour of plaintiff-Harneksingh whereby the land in question was agreed to be sold to plaintiff-Harneksingh @ Rs. 2600/- per bigha. It was also averred that Mewasingh was indebted by Rs. 3000/- under a pro-note and was further indebted by Rs. 3,000/- under a mortgage. The aforesaid amount of Rupees 6000/- was adjusted against the sale consideration of the land in question and Rupees 5500/- were paid in advance and a sum of Rs. 1500/- remained due to be paid at the time of registry. The possession of the land was also lying with the plaintiff, which was acknowledged to be delivered to the plaintiff under the agreement. The executant of the agreement to sell viz., Shri Mewaram died on 31-8-1974. The sale deed was to be got registered in pursuance of that agreement by 11-4-1975 but Mewasingh died before 11-4-1975 i.e. on 31-8-1974. It was further alleged that the plaintiff was always ready and willing to perform his part of the contract viz., to make payment of Rs. 1500/- and further to get the sale deed executed and registered in his favour. A notice to that effect was also given on 1-11-1974 and 22-5-1975 but the defendants have not responded. In these circumstances, the plaintiff has prayed for a decree for specific performance of the agreement to sell dated 11-4-1974. The suit has been filed on 18-8-1975.