KARAM SINGH Vs. KARTAR SINGH AND ANR.

JUDGEMENT

(1.) This appeal is directed against the judgment dated July 5, 1977 passed by the District Judge, Sri Ganganagar by which the suit of the respondent-plaintiff Kartar Singh against appellant-defendant No. 2 Karam Singh and Pritam Singh defendant No. 1 for specific performance of the contract was decreed.

(2.) The plaint averments were that on May 26, 1973 Kartar Singh and Pritam Singh entered into an agreement for the sale of the house detailed in Para- 1 of the plaintiff for Rs. 12,000.00 and executed the agreement Ex. 1 on the same day. An amount of Rs. 5000.00 was given by Kartar Singh to Pritam Singh on the same day, as advance money and it was stipulated in die agreement that the remaining amount would be paid by June, 5, 1973 and after taking the amount Pritam Singh would get the sale deed registered. On May 27, 1973, Kartar Singh asked Pritam Singh to get the sale deed registered but he told him that he was busy and would get the sale deed registered prior to the stipulated date. Pritam Singh, thereafter entered into a transaction with Karam Singh appellant for sale of the same house for an amount of Rs. 14,000.00. Kartar Singh having come to know about this transaction gave notice to Pritam Singh and Karam Singh the subsequent purchaser. Despite that, on May 28, 1973 Pritam Singh sold the house through a registered sale deed to Karam Singh.

(3.) Kartar Singh filed a suit for specific performance of the contract against Pritam Singh and Karam Singh. In the written statement Pritam Singh admitted the execution of the agreement Ex. 1 on May 26, 1973 but stated that on the very next day i.e., on May 27,1973 Kartar Singh cancelled the agreement and therefore, he sold the disputed house to Karam Singh through a registered sale deed. It has also been stated that he was prepared to return the amount of Rs. 5000.00received by him as advance money to Kartar Singh. Defendant No. 2, appellant Karam Singh expressed his ignorance about any transaction or agreement between Pritam Singh and Kartar Singh and stated that he was a bona fide purchaser with consideration and decree for specific performance cannot be passed because between Pritam Singh and Kartar Singh there was an agreement for refund of the amount of Rs. 5000.00.