- (1.) Leave granted. Defendants in the Court below are the appellants before us. They are heirs and legal representatives of one Gurcharan Singh. He was the owner of the lands bearing Survey Nos. 101, 102, 159, 38, 85, Khatauni Nos. 118, 119, 224, 228, 45, 100 admeasuring 98 canals 19 marlas situated in Village Bora Walli, Tehsil Zira in the State of Punjab. He entered into an agreement for sale of the aforementioned lands on or about 5.10.1964 with the plaintiff- respondent A registered deed of sale was to be executed in terms thereof on or before 15.6.1965. Indisputably, the respondent paid a sum of Rs. 7,000/- out of a total consideration of Rs. 15,000/- to the said Gurcharan Singh on 5.10.1964. He died on 13.3.1965.
(2.) Allegedly, prior thereto, the said Gurcharan Singh despite having been called upon to execute and register the document did not come to the Registration Office. A suit for specific performance of the agreement was filed against the appellants on 25.3.1966. In the alternative, it was prayed that a sum of Rs. 7,000/- be paid to the respondent together with interest.
(3.) Appellants herein in their written statement denied and disputed execution of the said agreement by Gurcharan Singh alleging that he was a drunkard. It was also alleged that Gurcharan Singh had executed a Will in their favour. In terms of a stipulation contained in the said agreement dated 5.10.1964 the possession of the lands was delivered to the vendee. The said suit was decreed on 31.5.1966. ;