- (1.) This is an appeal directed by plaintiff/appellant against the judgment and decree dated 15.12.2010 passed by Mrs. Sunita Kumar Sharma, Additional District Judge, Kapurthala vide which the appeal preferred by the plaintiffs/appellant against the judgment and decree dated 30.9.1996 passed by Shri Gurnam Singh, PCS, Additional Civil Judge (Senior Division), Kapurthala was dismissed.
(2.) Briefly stated Gurmit Singh and Garib Singh filed suit for specific performance of agreement to sell dated 22.10.1993 with the allegation that defendant No.1 is owner of half share of land alleging that defendant Nos.2 to 3 are owners of land to the extent of 1/4 th share each. Defendant No.2 is the wife of defendant No.1 whereas defendant No.3 is daughter. Defendant Nos.1 and 2 themselves and on behalf of defendant No.3 entered into agreement to sell dated 21.12.1993 and received Rs.50,000/- as earnest money. The rate of land was settled as Rs.90,000/- per killa. The sale deed was to be executed on or before 21.12.1993 on payment of the balance sale consideration. The plaintiffs have always been ready and willing to perform their part of the agreement.
(3.) The plaintiffs appeared before the Sub Registrar on the date fixed but none appeared. Suit for specific performance of agreement dated 22.10.1993 has been filed. In the alternative suit for recovery of Rs.50,000/- has also been filed.;