- (1.) Defendants no. 1 and 3 have filed this second appeal having lost in both the courts below.
(2.) Suit was filed by respondent no. 1-plaintiff Mohinder Singh against the appellants and proforma respondents no. 2 and 3 as defendants. Defendant no. 1 is widow of Satnam Singh whereas defendants no. 2 and 4 are son and daughter of Satnam Singh. Defendant no. 3 Major Singh is son of Surjan Singh. It is stated that defendant no. 1 after death of her husband Satnam Singh performed kareva marriage with Surjan Singh. Thus, Major Singh is not biological son of defendant no. 1.
(3.) Case of the plaintiff is that defendants agreed to sell suit land measure 81 kanals to the plaintiff at the rate of Rs. 11,15,408/- per acre and received Rs. 11,30,000/- as earnest money and executed agreement dated 29.4.2005. Sale deed was agreed to be executed upto 7.2.2006. The defendants, however, threatened to alienate the suit land prior to the date stipulated for execution of the sale deed. The plaintiff thereupon filed suit for permanent injunction restraining the defendants from alienating the suit land. After expiry of the date stipulated in the agreement for execution of sale deed, the plaintiff amended the suit and claimed relief of possession of the suit land by specific performance of the aforesaid agreement. The plaintiff alleged that he has always been ready and willing to perform his part of the contract but the defendants committed breach thereof.;