BACCHU SINGH Vs. SHIVRAM SINGH AND ORS

JUDGEMENT

(1.) By way of present appeal, the appellant-plaintiff has challenged the judgment and decree dated 27.03.1995 passed by the Additional District Judge, No.1 Bharatpur (hereinafter referred to as "the trial court") in Civil Suit No.44/94, whereby the trial court has dismissed the suit of the appellant-plaintiff seeking specific performance of the agreement dated 09.02.1988, allegedly executed by the respondent No.1-defendant No.1 in respect of his share in the suit property.

(2.) The case of the appellant-plaintiff before the trial court was that the respondent No.1, had executed an agreement on 09.02.1988 to sell his share in the agricultural land measuring 19 bighas and 10 biswas as described in paras 1 & 2 of the plaint in favour of the plaintiff. According to him, the appellant-plaintiff had paid Rs.52,000/- towards the sale consideration and the respondent No.1 had handed over the possession of the suit land to him on 09.02.1988. On the previous day, the respondent No.1 had also executed a general power of attorney in favour of the appellant-plaintiff on 08.02.1988, and got it registered on 09.02.1988. It was further averred in the plaint that it was agreed by the respondent No.1 that the sale deed would be executed as and when called upon by the appellant. Since entire sale consideration was already paid up by the appellant and the possession of the suit land was also handed over to him by the respondent No.1, the appellant had insisted for execution of the sale deed, however the respondent No.1 was delaying the said execution. According to the appellant, the respondent No.1 thereafter on 20.12.1993 refused to get the sale deed executed. It also came to the knowledge of the appellant that the respondent No.1 had already sold out the suit land to the respondent Nos.2 & 3 by executing a registered sale deed on 06.12.1993, and hence the appellant-plaintiff filed the suit seeking specific performance of the agreement dated 09.02.1988 executed by the respondent No.1.

(3.) The said suit was resisted by the respondent No.1-defendant No.1 by filing the written statement contending inter alia that he had never executed any agreement on 09.02.1988 in favour of the appellant-plaintiff, nor any power of attorney was executed in his favour. The respondent No.1 also denied to have received Rs.52,000/- by way of sale consideration as also handing over the possession of the suit land to the plaintiff. The respondents No.2 & 3 also filed the written statement supporting the contentions raised by the respondent No.1 and prayed to dismiss the suit. The trial court after framing the issues and appreciating the evidence on record dismissed the suit of the appellant-plaintiff vide the impugned judgment and decree dated 27.03.1995 and hence the present appeal has been filed by the appellant-plaintiff.