- (1.) LEAVE granted.
(2.) HEARD Mr. Neeraj Kumar Jain, learned senior counsel in support of this appeal and Ms. Anita Sahani, learned counsel appearing for the respondents. This appeal seeks to challenge the judgment and order dated 5th July, 2006 rendered by Punjab and Haryana High Court at Chandigarh in Regular First Appeal No. 185 of 1980, affirming the 1st judgment and decree passed by the Sub Judge, Class, Moga, in Suit No.314 of 1977 which was filed by the respondent. The respondent Santa Singh (since deceased) had filed a suit for specific performance of the agreement dated 19.7.1977 by which the respondent had agreed to purchase half share of the land which belonged to one Bhan Singh, brother of the appellant Nidhan Singh (since deceased), in Village Takhanwadh, Tehsil Moga. The agreed amount was Rs.60,500/ - out of which a sum of Rs.3000/ - was paid immediately. The brother of the appellant -defendant had created a mortgage on the land and a sum of Rs.5,000/ - was due to be paid to the Bank. The respondent was to make that payment. Unfortunately, Bhan Singh, who had signed that agreement, died on 2.11.1977 and then the appellant declined to execute the agreement which led the respondent to file the suit on 22.11.1977.
(3.) VARIOUS issues were raised in the suit and after having framed the issues, the Trial Court came to the conclusion that the respondent plaintiff was ready and willing to perform his part of the agreement and had made out a case of specific performance. The suit was therefore decreed. The appeal against the order of the Trial Court was dismissed by the High Court. Hence, this appeal, by special leave, by the heirs and legal representatives of the defendant Nidhan Singh.;