DURGA PARSAD Vs. BISHAN SINGH AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment and decree dated 16.08.2014 passed by the learned District Judge, Bhiwani, vide which the appeal filed against the judgment and decree dated 23.04.2012 passed by the learned Civil Judge (Jr. Division), Bhiwani, has been dismissed.

(2.) For the sake of convenience, the status of the parties shall be referred as in the original suit.

(3.) Plaintiff/Respondent no.1 Bishan Singh filed a suit for possession by way of specific performance of the agreement to sell dated 23.12.2003 executed by appellant-defendant no.1 in his favour for the sale of the double story house bearing Municipal Unit No. Q-162 (Old Municipal Unit No. Q-158,159) approximately measuring 350 sq.yards situated at Bartan Bazar, Bhiwani for a sale consideration of Rs.9 lacs. Rs.2 lacs were paid as earnest money. The sale deed was to be executed on 22.06.2004 on receiving of the balance sale consideration. It is further pleaded that defendant no.1 did not turn up on the targeted date for execution/registration of the sale deed. Though, the plaintiff remained present in the office of the Sub-Registrar. He also got issued a legal notice dated 06.03.2006 to the appellant-defendant no.1 through his counsel. He has always been ready and willing to perform his part of contract. But, the appellant-defendant no.1 utterly failed in this behalf. Rather, he transferred the house in question to defendants no.2 and 3 vide sale deed dated 10.03.2004, which was further transferred to defendants no.4 and 5 in active connivance with the appellant-defendant no.1. Defendants no.2 to 5 were also having the knowledge about the agreement to sell dated 23.12.2003, but they deliberately purchased the house in order to deprive the plaintiff of his rights. Hence the suit.