KORA DEVI Vs. HARBANSH KAUR

JUDGEMENT

(1.) In this second appeal filed under Section 100, C.P.C., the appellants are challenging the judgment and decree dated 26.9.2008 passed by the Addl. District Judge, Raisinghnagar in Civil Appeal No. 9/08, whereby, the learned first appellate Court while dismissing the appeal affirmed the judgment and decree dated 30.5.2008 passed by the Civil Judge (Jr. Dn.), Raisinghnagar in Civil Original Suit No. 271/93.

(2.) Brief facts of the case are that the respondent-plaintiffs filed civil suit for specific performance, in which, it is stated that an agreement for sale was executed by Ishwardas, father of appellants on 20.1.1977 for sale of six and a half bigha land situated in Sq. No. 24, at Chak 37 NP upon which khatedari rights were also obtained by him after allotment. The said agreement was executed by late Ishwar Das for a consideration of Rs. 25,000/- and possession of the land was transferred to the respondents and part payment of Rs. 17,000/- was made on the date of the agreement and rest of the amount was agreed to be paid at the time of execution of the sale-deed.

(3.) In the plaint, it is stated that after taking possession near about, Rs. 45,000/- were spent for improvement of the land by the plaintiff-respondents but the defendant-appellants refused to execute the sale-deed in favour of the respondent-plaintiff though they were ready and willing to pay the remaining amount. The plaintiff-respondents preferred suit for specific performance of agreement arrived at in between the parties and the same was decreed in favour of the respondent-plaintiffs finally vide judgment dated 30.5.2008, against which, appeal was preferred before the learned Addl. District Judge, Raisinghnagar and, that, too, was dismissed vide the judgment dated 26.9.2008.