T.P.S.MANN,J - (1.) THIS appeal has been filed against the judgment and decree, whereby the suit filed by Smt. Surjit Kaur-plaintiff for possession of land by way of specific performance of agreement dated 26.6.1978, was decreed and the appeal of Amrik Singh and Smt. Gian Kaur-defendants was dismissed.
(2.) WHILE filing the suit, Smt. Surjit Kaur-plaintiff averred that on 26.6.1978, Sardool Singh-defendant agreed to sell his land measuring 48 kanals 19 marlas situated in village Pindi Khair to her for a sum of Rs. 24,000/- and received an earnest money of Rs. 11,400/-. The sale-deed was to be executed on or before 10.6.1979. However, she learnt that on 16.4.1979, aforementioned Sardool Singh sold the land in question to Amrik Singh and Smt. Gian Kaur by way of a sale-deed for a sum of Rs. 35,000/-. It was alleged that Sardool Singh-defendant, by transferring the suit land to Amrik Singh and Smt. Gian Kaur-defendant Nos. 2 and 3, respectively, committed breach of express terms of the agreement dated 26.6.1978 and therefore, he was liable to perform his part of the agreement under law and equity. Further that defendant Nos. 2 and 3, being transferees of the land, but with notice of the agreement dated 26.6.1978, were also bound by the same. Sardool Singh-defendant No. 1 did not appear despite service. He was, accordingly, proceeded against ex parte. Amrik Singh and Smt. Gian Kaur- defendants filed their written statement claiming therein that no such agreement dated 26.6.1978 to sell was executed. Even otherwise, they had no knowledge about the same. They had purchased the suit land from Sardool Singh-defendant. They were bona fide purchasers for consideration and without notice. After the land was sold to them, they were in possession of the same.
(3.) BY filing a replication, the plaintiff denied the assertion of defendant Nos. 2 and 3 and stated that the land was not in possession of the said defendants but in possession of Bhagat Singh, who is elder brother of her husband Bhagwan Singh. The learned trial Court framed the following issues :- "1. Whether defendant No. 1 agreed to sell land in suit to the plaintiff vide agreement dated 26.6.1978 ? If so on what terms and conditions ? OPP 2. Whether the plaintiff had been ready and willing and is still willing to perform her part of contract ? OPP 3. Whether the plaintiff is entitled to the specific performance of the contract dated 26.6.1978 ? OPP 4. If issue No. 3 is not proved to what amount of damages the plaintiff is entitled in the alternative ? OPP 5. Whether defendants 2 and 3 are bona fide purchasers without notice or consideration ? OPD 2 and 3 6. Relief." After perusing the evidence led by the parties, learned Sub Judge Ist Class, Dasuya decreed the suit with costs for possession of the suit land by way of specific performance of agreement to sell dated 26.6.1978 on payment of balance sale consideration of Rs. 12,600/-.;