NONIHAL Vs. BHAJAN KAUR

JUDGEMENT

(1.) THIS appeal under Section 96 CPC is directed against judgment and decree dated 20.05.1989 passed by Additional District Judge No. 1, Sri Ganganagar, whereby, the suit for specific performance and permanent injunction filed by appellants -plaintiffs has been dismissed.

(2.) THE facts in brief may be noticed thus: the plaintiffs filed suit with the averments that Pal Singh, father of defendant Nos. 1 and 4 had agricultural land in Chak 40 H.B.; on his death, the defendant Nos. 1 and 4, their mother Smt. Sant Kaur and Jogendra Singh succeeded to the land in equal shares; the land was partitioned on 08.07.1980 and the defendant No. 1 got 23 Bigha 5 Biswa land in Murabba No. 13 and 6 Bigha in Murabba No. 5 of Chak 40 H.B.; before the said partition, the defendant No. 1 was in possession of the land comprised in Murabba Nos. 14 and 20 as well; she sold 8 Bigha 3 Biswa and 4 Bigha 3 Biswa lands in Murabba Nos. 14 and 20 respectively to some persons including plaintiff No. 2 -Tara Singh vide sale deed dated 11.06.1980 and delivered possession; however, after the partition took place among legal representatives of Pal Singh on 08.07.1980, defendant No. 1 retained 7 Bigha 5 Biswa land in Murabba No. 13 and 6 Bigha in Murabba No. 5 and the remaining 16 Bigha land in Murabba No. 13 was delivered to plaintiff No. 2 -Tara Singh in exchange of land sold on 11.06.1980 comprised in Murabba Nos. 14 and 20; it was then claimed that defendant No. 1 agreed to sell land admeasuring 6 Bigha in Murabba No. 5 to plaintiff No. 1 for a sum of Rs. 42,000/ - and received Rs. 15,000/ - as advance, delivered possession of the land to him and the remaining amount was to be paid at the time of registration of the sale deed; by the same agreement, the defendant No. 1 also agreed to sell 7 Bigha 5 Biswa land comprised in Murabba No. 13 to the plaintiff No. 2 Tara Singh for Rs. 50,750/ - and received Rs. 15,000/ - by way of advance and similarly the possession of the land was to be delivered to plaintiff No. 2; the defendant No. 1 also got the parchies pertaining of water turn from the Irrigation Department in the name of plaintiffs; it was claimed that the plaintiffs were in possession of the land since 09.07.1980; they were ready and willing to perform their part of the contract; however, the defendant Nos. 1 and 4 were bent upon forcibly evicting the plaintiffs from the land in their possession and, as such, the plaintiffs filed suit in the Court Sub Divisional Officer (Revenue), Srikaranpur on 20.08.1981 and obtained temporary injunction restraining the defendants from executing sale deed in respect of the said land; despite the interim order, the defendant No. 1 through her power of attorney holder Bachan Singh in collusion with defendant No. 4 executed sale deed in respect of 7 Bigha land in Murabba No. 13 in favour of defendant No. 3 Ajeet Kaur on 24.08.1981 and in respect of 6 Bigha land in Murabba No. 5 in favour of defendant No. 2 Jagdev Singh on 25.08.1981; the sale deeds were fictitious; the defendant Nos. 2 and 3 were fully aware about the agreement to sell dated 09.07.1980 in plaintiffs' favour and they also knew that the said land was in their possession; it was claimed that defendant No. 1 was bound to execute sale deed in respect of the land in question and prayed for decree for specific performance regarding agreement to sell dated 09.07.1980 and permanent injunction restraining the defendants from interfering with the plaintiffs' possession over the suit land.

(3.) THE defendant Nos. 2 to 4 filed their written statement and reiterated the facts stated in the written statement of defendant No. 1 and it was prayed that the suit be dismissed.