- (1.) This is second appeal by three of the six legal representatives of Ran Singh defendant, since deceased.
(2.) Suit was filed by respondent No. 1-plaintiff Tarif Singh against Ran Singh-defendant, alleging that the defendant agreed to sell the suit land measuring 8 Kanals to the plaintiff for Rs. 1,50,000/- (Rupees one lakhs fifty thousand only) and received Rs. 95,500/-(Rupees ninety five thousand five hundred only) as earnest money and executed agreement to sell dated 20.05.1998. It was stipulated in the agreement that if the earnest money with interest is not repaid by the defendant to the plaintiff upto 19.05.2000, necessary sale deed of the suit land shall be executed upto 26.05.2000. The defendant did not repay the earnest money to the plaintiff nor executed the sale deed in his favour although the plaintiff always remained ready and Willing to perform his part of the contract. Accordingly, plaintiff sought specific performance of the impugned agreement including possession of the suit land.
(3.) Legal heirs of the defendant (since deceased) broadly denied the plaint allegations. Execution of the agreement by defendant in favour of the plaintiff was denied. It was also pleaded that defendant was only co sharer and, therefore he could not execute agreement regarding suit land of specific killa number. Various other pleas were also raised.;