Anita Chaudhry, J. - (1.) This regular second appeal arises from the judgment dated 23.04.2003 passed by District Judge Fatehgarh Sahib who affirmed the judgment passed by lower Court. The defendants are here challenging the decree of specific performance.
(2.) The facts in brief are that a suit was filed by Sukhdev Singh seeking specific performance of the agreement dated 29.08.1990 executed by defendant no.1 namely Labha Ram (since deceased). Defendant no.1 later sold the house to Manohar Lal on 11.08.1992 for a sum of Rs. 20,000/-. Manohar Lal died leaving behind his mother, widow and minor children who were impleaded as defendants no.2 to 5. The case set up by the plaintiff was that he was always ready and willing to perform his part of the agreement and Labha Ram failed to execute the sale deed and sold the property to Manohar Lal, his relative for a lesser amount only to deny him the fruits of the agreement.
(3.) The suit was contested by Labha Ram. In his separate written statement, plea was taken that he was always ready and willing to perform his part of the agreement and was present in the office of the Sub Registrar and had got his presence marked. It was pleaded that earlier a suit for permanent injunction was instituted by the plaintiff and he (Labha Ram) had pleaded his readiness and willingness but the plaintiff backed out as he did not have the resources. He on the other hand was in need of money and sold the property. It was pleaded that the house meanwhile had fallen during the rainy season and the value had reduced and it was sold for a lesser amount. Its possession had been handed over to Manohar Lal. It was pleaded that Manohar Lal had constructed two rooms and a verandah on the plot.;