SURJEET KAUR Vs. TEJA SINGH

JUDGEMENT

(1.) The appellants have filed this second appeal under Section 100, C.P.C. challenging the validity of the judgment and decree dated 29.01.2009 passed by Addl. District Judge, Sangaria in Civil Appeal No.8/2005, whereby, the learned Addl. District Judge affirmed the judgment and decree dated 25.05.2005 passed by the Civil Judge (Senior Division), Sangaria in Civil Case No.75/93.

(2.) According to brief facts of the case, a suit for specific performance of agreement dated 21.05.1984 was filed by the respondent-plaintiff against Pratap Singh, in which, it is stated that 4 bigha of agriculture land of the plaintiff is situated in Chak 2 NKR, Khata No.14/14, Murabba 16 and his name is also entered in the revenue record. Adjoining his land, 3 bigha land situated in Murabba 15 belonging to the respondent was sold by way of agreement dated 21.05.1984 by way of executing written agreement. According to the plaintiff, he has made all his efforts to get executed the sale-deed in his favour and, for the same, he made several requests to the respondent-defendant but, till 05.05.1992, when the sale was not executed as per the agreement, then, notice was sent by him for the purpose of executing the sale-deed in his favour as per agreement dated 21.05.1984; but, no reply was given to the notice sent by the plaintiff and verbally the respondent-defendant refused to execute the sale in his favour on 15.05.1992. Thereafter, a suit for specific performance was filed by the appellant-plaintiff.

(3.) In the said suit eight issues were framed and statements of P.W.-1 Teja Singh plaintiff, P.W.-2 Jagdev Singh and P.W.-3 Jasbir Singh were recorded and their affidavits were filed. Plaintiff produced 12 documents to prove his case. In the defence, statements of D.W.-1 Karnail Kaur, D.W.-2 Kashi Ram and D.W.-3 Pratap Singh were recorded and their affidavits were taken on record. No documentary evidence was produced by the respondent- defendant. Thereafter, the learned trial Court proceeded to decide the suit issue-wise and alter considering the entire evidence the suit was decreed in favour of the plaintiff Teja Singh and it was ordered that the respondent shall execute the sale-deed in pursuance of the agreement dated 21.5.1984 within a period of two months and will not create disturbance or will not interfere in the peaceful possession of the land which is in possession of the plaintiff. The learned trial Court further rejected the counter-claim filed by the respondent- defendant.