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1986 Supreme(P&H) 77

J.V.GUPTA
Har Kaur (Deceased By Lr S) – Appellant
Versus
Gura Singh – Respondent


Judgment

1. This is defendants second appeal against whom suit for specific performance of the agreement of sale has been decreed by both the courts below.

2. The three plaintiffs, sons of Hari Singh, filed a suit for specific performance of the agreement of sale dated 8th April, 1968, Exhibit P. 1, executed by Bachittar Singh (deceased) in their favour agreeing to sell the suit land for Rs. 20,000.00 . A sum of Rs. 10,000.00 was said to have been paid as earnest money at the time of the execution. Bachittar Singh died on 20th May, 1968 and the suit was instituted on 6th June, 1972, as the sale deed was to be executed on or before 15th June, 1969. This suit was filed against the legal heirs of the deceased Bachittar Singh, i.e. his widow and the daughter. According to the plaint, the sale deed could not be executed due to the death of Bachittar Singh before 15th June, 1969 and hence suit for specific performance was being filed against the legal heirs of the deceased. It was further pleaded that the plaintiffs were always ready and willing to perform their part of the contract and to purchase the land in dispute : In the alternative to a decree for specific performance, the plaintif






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