R.L. Anand, J. - (1.) THIS is a defendants' appeal and has been directed against the judgment and decree dated 19.5.2000 passed by Additional District Judge, Sangrur, who affirmed the judgment and decree dated 18.11.1998 passed by Civil Judge (Junior Division), Malerkotla, who decreed the suit of the plaintiff/respondent for possession by way of specific performance.
(2.) SOME facts can be noticed in the following manner: - Teja Singh deceased represented to the plaintiffs -respondents that he was the owner of the land in question situated in Village Bunga, Tehsil Malerkotla. The plaintiff -respondents believed the representation of Teja Singh and agreed to purchase the suit land @ Rs. 15,000/ - per Bigha and paid Rs. 46,000/ - by way of earnest money to said Teja Singh, who was the predecessor -in -interest of the present appellants, on 23.5.1991. It was agreed upon by Teja Singh in the agreement of sale dated 22.5.1991 (Ex. P1) that he shall execute the sale deed in favour of the vendee on or before 22.5.1993. Teja Singh died on 14.5.1993 and after his death the plaintiff filed a suit for possession by way of specific performance on 17.3.1994. The suit was contested by the defendants on various pleas including the one that no agreement of sale was executed. In fact, the money was advanced to Teja Singh by way of security as the plaintiff was a commission agent. From the controversies raised by the parties, the learned trial Court framed the following issues: - " 1. Whether an agreement dated 23.5.1991 was executed by defendant in favour of the plaintiff? OPP 2. Whether the plaintiff had been ready and willing and is ready and willing to perform his part of agreement? OPP 3. Whether the plaintiff is entitled to the specific performance of the agreement to sell? OPP
(3.) WHETHER the plaintiff is entitled to the recovery of Rs. 72,000/ - as alternative relief? OPP;