- (1.) Legal representatives of defendant no.2 Kulbir Singh (since deceased) are in second appeal having failed in both the courts below. Respondents no.1 and 2/plaintiffs filed suit against predecessor of appellants and against proforma respondents no.3 to 10. Plaintiffs' case is that defendant no.1 Joginder Kaur agreed to sell the suit land measuring 156 kanals 12 marlas to the plaintiffs @ Rs.1,50,000/- per acre (08 kanals) and received Rs.1,00,000/- as earnest money and executed agreement dated 25.12.2001 ( 23.12.2001 ? ). The plaintiffs always remained ready and willing to perform their part of the contract, but defendant no.1 committed breach thereof. Defendants no.2 to 8, who are legal heirs of defendant no.1 Joginder Kaur, alleged that defendant no.1 had died, although the plaintiffs were not sure about the death of defendant no.1. Accordingly, defendants no.2 to 8 were also impleaded as party to the suit. Defendant no.9 alleged himself to be transferee of the suit land and has, therefore, been impleaded as party to the suit.
(2.) Defendants no.1, 3, 6 and 9 were proceeded against ex-parte.
(3.) Remaining defendants contested the suit and broadly denied the plaint averments. Impugned agreement was alleged to be result of impersonation. It was also alleged that Joginder Kaur was not of sound mind for the last 15 years, and therefore, she could not execute the impugned agreement. It was also alleged that Joginder Kaur was not heard of since the year 2001 and it is not known whether she is alive or dead.;