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Court Upholds Specific Performance Decree, Grants Partial Relief to Plaintiff

Background

The case involves a dispute over a land sale agreement between the original plaintiff ( Karan Singh ) and the deceased first defendant ( Preetam Singh ). The plaintiff filed a suit for specific performance of the agreement, seeking to compel the defendants to execute a sale deed in his favor.

Arguments

The defendants, including the legal representative of the first defendant, argued that the sale agreement was a sham and bogus document, not intended to be acted upon. They claimed the agreement was executed to deter the first defendant from selling the property due to his alleged vices. The second to fourth defendants also argued that they were bona fide purchasers for value without notice of the prior agreement.

Court's Analysis and Reasoning

The court found that the evidence did not support the claim that the agreement was a sham document. While the defendants raised different arguments in their written statements, the court held that the suit agreement was valid and duly registered, and the second to fourth defendants could not be considered bona fide purchasers due to the constructive notice provided by the registered agreement.

The court also addressed the issue of whether the plaintiffs were required to seek cancellation of the subsequent sale deeds in their plaint. Relying on a larger bench decision, the court held that there was no such requirement, as the subsequent purchasers could be directed to join in the execution of the sale deed under the specific performance decree.

Decision

The court partially allowed the appeal, modifying the decree to restrict the specific performance to the first plaintiff's ( Karan Singh 's) one-half undivided share in the property. The defendants were directed to apply for the necessary permission under the Zamindari Abolition Act to sell the property to the first plaintiff. If the permission is granted, the defendants must execute the sale deed accordingly. If the permission is denied, the first plaintiff is entitled to a refund of the advance paid, with interest.

The court dismissed the suit as far as the second plaintiff ( Murari Singh ) was concerned, as he did not support the first plaintiff's case.