Arun Bhansali, J. - (1.) THIS appeal under Section 96 CPC is directed against judgment and decree dated 20.05.1989 passed by Additional District Judge No. 1, Sri Ganganagar, whereby, the suit for specific performance and permanent injunction filed by appellants -plaintiffs has been dismissed.
(2.) THE facts in brief may be noticed thus: the plaintiffs filed suit with the averments that Pal Singh, father of defendant Nos. 1 and 4 had agricultural land in Chak 40 H.B.; on his death, the defendant Nos. 1 and 4, their mother Smt. Sant Kaur and Jogendra Singh succeeded to the land in equal shares; the land was partitioned on 08.07.1980 and the defendant No. 1 got 23 Bigha 5 Biswa land in Murabba No. 13 and 6 Bigha in Murabba No. 5 of Chak 40 H.B.; before the said partition, the defendant No. 1 was in possession of the land comprised in Murabba Nos. 14 and 20 as well; she sold 8 Bigha 3 Biswa and 4 Bigha 3 Biswa lands in Murabba Nos. 14 and 20 respectively to some persons including plaintiff No. 2 -Tara Singh vide sale deed dated 11.06.1980 and delivered possession; however, after the partition took place among legal representatives of Pal Singh on 08.07.1980, defendant No. 1 retained 7 Bigha 5 Biswa land in Murabba No. 13 and 6 Bigha in Murabba No. 5 and the remaining 16 Bigha land in Murabba No. 13 was delivered to plaintiff No. 2 -Tara Singh in exchange of land sold on 11.06.1980 comprised in Murabba Nos. 14 and 20; it was then claimed that defendant No. 1 agreed to sell land admeasuring 6 Bigha in Murabba No. 5 to plaintiff No. 1 for a sum of Rs. 42,000/ - and received Rs. 15,000/ - as advance, delivered possession of the land to him and the remaining amount was to be paid at the time of registration of the sale deed; by the same agreement, the defendant No. 1 also agreed to sell 7 Bigha 5 Biswa land comprised in Murabba No. 13 to the plaintiff No. 2 Tara Singh for Rs. 50,750/ - and received Rs. 15,000/ - by way of advance and similarly the possession of the land was to be delivered to plaintiff No. 2; the defendant No. 1 also got the parchies pertaining of water turn from the Irrigation Department in the name of plaintiffs; it was claimed that the plaintiffs were in possession of the land since 09.07.1980; they were ready and willing to perform their part of the contract; however, the defendant Nos. 1 and 4 were bent upon forcibly evicting the plaintiffs from the land in their possession and, as such, the plaintiffs filed suit in the Court Sub Divisional Officer (Revenue), Srikaranpur on 20.08.1981 and obtained temporary injunction restraining the defendants from executing sale deed in respect of the said land; despite the interim order, the defendant No. 1 through her power of attorney holder Bachan Singh in collusion with defendant No. 4 executed sale deed in respect of 7 Bigha land in Murabba No. 13 in favour of defendant No. 3 Ajeet Kaur on 24.08.1981 and in respect of 6 Bigha land in Murabba No. 5 in favour of defendant No. 2 Jagdev Singh on 25.08.1981; the sale deeds were fictitious; the defendant Nos. 2 and 3 were fully aware about the agreement to sell dated 09.07.1980 in plaintiffs' favour and they also knew that the said land was in their possession; it was claimed that defendant No. 1 was bound to execute sale deed in respect of the land in question and prayed for decree for specific performance regarding agreement to sell dated 09.07.1980 and permanent injunction restraining the defendants from interfering with the plaintiffs' possession over the suit land. The defendants contested the suit by filing written statement; defendant No. 1 in her written statement admitted the fact regarding partition; it was claimed that the defendant entered into agreement to sell dated 05.02.1980 regarding the suit land @ Rs. 6,000/ - per Bigha and had received Rs. 30,000/ - as advance; defendant No. 4 was already in possession of the land and same continued with him in part performance of the agreement dated 05.02.1980; the sale deed dated 11.06.1980 executed by her in favour of plaintiff No. 2 and others in respect of land comprised in Murabba Nos. 14 and 20 was admitted but stated that the said land in fact fell in the share of defendant No. 4 and Jagdev Singh; the plaintiff No. 2 and others tried to obtain possession of the land and on that count dispute arose between the other persons and defendant No. 4; the matter was ultimately settled by the Panchayat, pursuant to the settlement, the plaintiff No. 2 and others got 16 Bigha land in Murabba No. 13 in exchange of the land in Murabba Nos. 14 and 20 on 08.07.1980; the settlement was also accepted by defendant Nos. 2 to 4 and, as such, possession of 16 Bigha land in Murabba No. 13 was delivered to plaintiff No. 2 and other purchasers; the execution of suit agreement dated 09.07.1980 and receipt of consideration and delivery of possession was denied; she admitted signatures on the agreement but explained it by contending that she did sign certain papers for getting water parchies in plaintiff No. 2's name in respect of land sold vide sale deed dated 11.06.1980; the plaintiffs have executed agreement on blank papers, which bear her signatures and they do not get any right based on forged document; it was also claimed that sale deeds have already been executed in favour of defendant Nos. 2 and 3 on 24.08.1981 and 25.08.1981 and, therefore, the plaintiffs are not entitled to any relief.
(3.) THE defendant Nos. 2 to 4 filed their written statement and reiterated the facts stated in the written statement of defendant No. 1 and it was prayed that the suit be dismissed.;