Surinder Gupta, J. - (1.) Above captioned appeals are being decided by this common judgment as the subject matter of both the appeals is similar.
(2.) A short question, which calls for answer in both the appeals, is as to whether the agreement executed by defendant no. 2-Swaran Singh (in Civil Suits No. 104 and 105 of 10.04.1985) in favour of plaintiffs in his individual capacity binds defendant no. 1-Jagir Kaur, owner of the suit property, who had appointed defendant no. 2-Swaran Singh as her attorney, and on the basis of said agreement a decree for specific performance of agreement can be passed against defendant no. 1-Jagir Kaur? RSA No. 1441 of 1988 (Civil Suit No. 104 of 10.04.1985)
(3.) Case of plaintiffs, in brief, is that defendant no. 2-Swaran Singh, who is attorney of defendant no. 1-Jagir Kaur agreed to sell the land of khasra no. 144/2 and 141 in khewat no. 171, khatauni no. 230 for a consideration of Rs.19,000/- and received Rs.1500/- as earnest money. The balance sale consideration was to be paid at the time of execution and registration of the sale deed for which date was fixed as 10.06.1980. Plaintiffs have always been ready and willing to perform their part of contract. Before 10.06.1980, defendants informed plaintiffs that one Bhagwant Singh son of Kahan Singh had filed Civil Suit No. 78 of 1980 on 29.04.1980 against defendants claiming ownership of the suit land and for restraining defendants from alienating the same. With mutual consent, it was agreed that defendants will execute the sale deed in favour of plaintiffs within one month of dismissal of suit filed by Bhagwant Singh. The suit filed by Bhagwant Singh was decreed on 10.10.1981 and the appeal against that judgment and decree was accepted on 24.01.1985, resulting in dismissal of suit filed by Bhagwant Singh.;