- (1.) Plaintiff had filed the suit for possession and specific performance of agreement to sell dated 25.10.1979. The case of the plaintiff, in brief, was that defendant No.1 was owner of the shop in dispute and had agreed to sell the same to the plaintiff for a consideration of Rs. 2300/- on 25.10.1979 vide the agreement to sell in question. Rs. 1500/- were paid towards the earnest money by the plaintiff to defendant No.1. The remaining amount of sale consideration was to be paid at the time of registration of the sale deed before the Sub Registrar. The sale deed was to be executed on or before 21.1.1980. Plaintiff had always remained ready and willing to perform his part of the contract but defendant No.1 had failed to execute the sale deed in his favour. In fact defendant No.1 had sold the shop to defendant No.2 on 14.11.1979 for Rs. 4000/-.
(2.) Hence, the suit was filed by the plaintiff. None had appeared on behalf of defendant No.1 and hence, he was proceeded ex parte before the trial court. Defendant No.2, in his written statement, admitted that defendant No.1 was owner of the shop in dispute. The fact that defendant No.1 had agreed to sell the shop in dispute to the plaintiff was denied. It was averred that the shop in dispute had been sold to the answering defendant vide sale deed dated 15.11.1979 and thereafter, he had gifted the shop in dispute to Masjid Ahal-e-Islam Bagwali Mohalla, Iftkhar Ali Ganj, Malerkotla vide registered gift deed dated 3.7.1980. Now the Masjid was the owner in possession of the shop in dispute.
(3.) On the pleadings of the parties, following issues were framed by the trial Court:- 1. Whether Jamal Din defendant entered into an agreement for sale dated 25.10.79 in favour of the plainitff OPP 2. Whether the plaintiff had been ready and willing to perform his part of the contract OPP 3. Whether the defendant No.1 committed breach of the contract OPP 4. Whether the suit is collusive between the plaintiff and Jamal Din defendant to defeat the rights of Abdul Shakoor OPD-2 5. Whether the sale by Jamaldin in favour of Abdul Shakoor defendant is without notice of the agreement dated 25.10.79 If so its effect OPD-2 6. Whether Abdul Shakoor defendant has gifted the suit property to Masjid Ahal-e-Islam as alleged in additional objection no.3 of the written statement and the said Masjid is a necessary party OPD-2 7. Whether the plaintiff is entitled to the possession of the suit property by specific performance of the contract dated 25.10.79 OPP 8. Relief.;