Satish Kumar Mittal, J. - (1.) THIS is a defendants' Regular Second appeal against the judgments and decree, passed by both the courts below, whereby suit of the plaintiff for specific performance of the agreement to sell dated 15.4.1989 has been decreed.
(2.) IN the present case, on 13.7.1993, plaintiff (respondent) Bhim Sen filed the aforesaid suit alleging that Shri Banarsi Dass, the predecessor of the defendants, entered into an agreement of sale on 15.4.1989 with regard to 1 Kanal 3 Marias of land situated in Dasuya, for a consideration of Rs. 69,000/ -. The said land was in possession of the plaintiff as a tenant. At the time of the execution of the agreement, an amount of Rs. 60,000/ -was paid to said Banarsi Dass as earnest money and the sale deed was to be executed on or before 15.6.1992. In the agreement, it was also written that the plaintiff will remain in possession of the suit land as prospective vendee. Banarsi Dass died before the date fixed for execution of the sale deed, leaving the defendants as his successors. It is the case of the plaintiff that he approached the defendants and requested them to execute the sale deed in pursuance of the said agreement, after receiving the balance sale consideration, but when they did not execute the sale deed, the instant suit was filed. The defendants contested the suit by filing written statement. They did not dispute that the suit land was owned by Banarsi Dass and they are his legal heirs. It is also not disputed that the plaintiff was the tenant on the suit land. However, it was asserted that they have no knowledge of the alleged agreement of sale in favour of the plaintiff. All the other allegations were simply denied with a prayer to dismiss the suit with costs.
(3.) IN order to prove his case, the plaintiff examined himself as PW.3 and also produced Ashwani Kumar (PW. 1) and Surinder Kumar (PW.2), the attesting witness and scribe of the agreement to sell (Ex.Pl). On the other hand, in spite of several opportunities granted to the defendants, they did not lead any evidence.;