DHARAM SINGH Vs. BHAG SINGH

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 31.08.2007, passed by the learned District Judge, Una, Himachal Pradesh, in Civil Appeal No. 73 of 2005.

(2.) Material facts necessary for adjudication of this Regular Second Appeal are that the respondent-plaintiff (hereinafter referred to as 'the plaintiff' for the sake of convenience) has filed a suit for specific performance of contract. According to the plaintiff, the defendant No. 1, Ramesh Chand (hereinafter referred to as 'the defendant No. 1' for the sake of convenience) has entered into an agreement to sell with him on 27.02.1991, Ex.-PW1/A of land comprising Khewat No. 85, Khatauni Nos. 177 to 179, Khasra Nos. 574, 576, 577 and 578, measuring 0-11-47, being 73/647 share out of 1-10-69, as per Misal Haquiat for the year 1986-87, situated in Village Poona, Tehsil and District Una (hereinafter referred to as 'the suit land' for the sake of convenience) for a consideration of Rs. 10,000/- per Kanal and had received Rs. 20,000/- as earnest money and had undertaken to receive the balance of sale consideration of Rs. 10,000/- before the Sub Registrar at the time of attestation of the sale deed on or before 30.03.1991. The agreement, dated 27.02.1991, was also executed. The defendant No. 1, Ramesh Chand also agreed that in case he refused to execute the sale deed in favour of the plaintiff, then he will pay double amount of the sum already paid as earnest money, i.e., Rs. 40,000/- to the plaintiff. It was also agreed that in case the plaintiff fails to get the sale deed executed, then the earnest money would be forfeited. The plaintiff was ready and willing to perform his part of the contract by payment of the balance sale consideration to Rs. 10,000/- to the defendant. The defendant failed to perform his part of the contract. The plaintiff has issued a notice to defendant No. 1, Ramesh Chand on 19.03.1991. It is in these circumstances, the plaintiff has filed a suit against defendant No. 1.

(3.) The plaintiff moved an application under Order 1 Rule 10 for impleading appellant-defendant No. 2, Dharam Singh (hereinafter referred to as 'the defendant No. 2' for the sake of convenience). The defendant No.1, Ramesh Chand has sold the suit land to him on 22.05.1995 vide Ex.- DW1/A for a sum of Rs. 37,500/-. The application was allowed by the learned trial Court by passing the following order on 10.03.1997: