Rameshwar Singh Malik, J. - (1.) C.M. No. 370 -C of 2012.
(2.) APPLICANT seeks exemption from filing certified copies of Annexures A -1 (colly) and Annexure A -2. Application is allowed, as prayed for. C.M. stands disposed of. RSA No. 528 of 1987 Present appeal, at the instance of defendants, is directed against the judgment of reversal, whereby first appeal of the plaintiffs was allowed by learned District Judge, Faridkot, decreeing their suit for specific performance. Brief facts of the case, as recorded by learned District Judge in the impugned judgment, are that plaintiffs filed suit for specific performance of the agreement to sell dated 24.9.1979 relating to the land in dispute which was executed by Mika Singh and Jang Singh defendants No. 1 and 2 in their favour to sell that land on the conditions of the sale price etc., provided therein. The sale deed was to be executed by 12.6.1980. Notice was given by the plaintiffs to these defendants when they did not execute the sale deed and then a writing on the back of the agreement was executed on 23.6.1980 extending the period up to 20.7.1980 for the execution of the sale deed. Defendants did not execute the sale deed. The suit was filed by the plaintiffs for specific performance of the contract on 21.8.1980. They also got the interim temporary injunction on that very day restraining these defendants from alienating the land to some other person, but these defendants sold the land to defendants No. 3 to 8, vide sale deed Ex. D2 to D5 executed on 22.8.1980 and Ex. D3 and D4 on 25.8.1980. These defendants were later on added when the objection was taken by defendants No. 1 and 2 that they had sold the land to them.
(3.) THE defendants took the plea that the agreement of sale in favour of defendants No. 3 to 8 had already been executed by defendants No. 1 and 2, on 24.11.1978, Ex. D 1 and that as such, the agreement executed in favour of the plaintiffs thereafter, can have no precedence over them. Objections were also taken that the plaintiffs are estopped to file the suit and that defendant No. 3 to 8 are bonafide purchasers for consideration.;