KALA SINGH BALDEV SINGH Vs. SHRAVAN SINGH

JUDGEMENT

(1.) This leave to appeal has been filed by the applicant qua the judgment and decree dated 15/3/2010 passed by the Addl. District Judge, Sangaria, District Hanumangarh in civil original suit no. 20/2004, whereby, the suit filed by the respondent - plaintiff for specific performance of the contract has been decreed.

(2.) It is inter alia indicated that on 25/11/2000 an agreement claims to have been executed by the respondents - Balkaran Singh and Jaskaran Singh in favour of respondent no.1, Shravan Singh, for the land ad measuring 3 bigha. The sale deed was to be registered by 30/12/2001, which date was extended upto 30/4/2003 and, thereafter till 30/4/2004. On 5/8/2003, Jaskaran executed sale deed in favour of the applicant for a part of the suit land. Whereafter, five more sale deeds dated 15/5/2004, 15/7/2005, 27/9/2005, 25/1/2006, 6/10/2006 and 28/6/2007 for small parcels of the said land were executed in favour of the applicant by Balkaran/Jaskaran and Smt. Gurucharan Kaur.

(3.) On 14/7/2005, the plaintiff filed the suit seeking specific performance of the contract dated 25/11/2000. The defendant appeared before the trial court, however, did not disclose the fact of sale deed in favour of the applicant. The suit was decreed on 15/3/2010 and execution application was filed on 9/5/2017 and another application was filed on 8/8/2019 seeking possession of the land in question. It is claimed that it is only when warrant for possession of the land in question was issued and Nazir made a report, that the applicant came to know about the passing of the impugned decree.