VINOD K.SHARMA
Milkha Singh – Appellant
Versus
Nirmal Singh – Respondent
Vinod K.Sharma, J.
1. This is a defendants Regular Second Appeal against the judgments and decrees passed by the learned Courts below in a suit for specific performance of contract of sale of land measuring 5 kanals 4 marlas equal to half share of 10 kanals and 8 marlas of land bearing Rect. No. 19, Killa No. 21 Min (1-8), 22(4-9), Rect. No. 24, Killa No. 1/3(0-15), 2/1(3-16), situated in village Valour, Tehsil and District Ferozepur, on payment of Rs. 13,000 (Rs. thirteen thousands) less Rs. 6,000 (Rs. six thousands) already paid as earnest money and Rs. 3,000/- as mortgage amount already paid to defendant No. 1 by the plaintiffs.
2. The minor-plaintiffs filed a suit through their father Labh Singh on the plea that the land measuring 10 kanals and 8 marlas was originally owned by Shri Harwant Singh, defendant No. 1. It was mortgaged with possession by Harwant Singh with Labh Singh, father of the plaintiffs for a sum of Rs. 2,700/- on 9th of June 1960. Thereafter Harwant Singh mortgaged half share of this land with the plaintiffs for a consideration of Rs. 3,000/- vide regd. mortgage deed dated 23.5.1967. The sum of Rs. 1,350/- was paid to Labh Singh, the previous mortgagee
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