H.S.BRAR
Joginder Singh – Appellant
Versus
Nidhan Singh – Respondent
1. Briefly stated, the factual position stated by the plaintiff-appellants in their plaint is that defendant No. 1 Puran Singh mortgaged with possession the suit land in their favour vide registered mortgage deed. Subsequently, Puran Singh defendant entered into an agreement to sell the same land with the plaintiffs on 21-7-1977 and obtained a sum of Rs. 5,000/- as earnest money. The agreement to sell was executed in their favour in the presence of the witnesses. Defendant Puran Singh had agreed to execute the sale deed in their favour on 1-61978 after receiving the balance amount of Rs. 19,255/-. Puran Singh in contravention of the terms and conditions of the agreement, sold the land to defendant No. 2 Nidhan Singh vide registered sale deed dated 8-11-1977 for a sum of Rs. 18,000/-. The plaintiffs were and are still ready to perform their part of the contract whereas defendant No. 1 is avoiding the same to execute the sale deed in favour of defendant Nidhan Singh.
2. Defendant No. 1 Puran Singh appeared at the initial stage of the suit and filed his written statement wherein he admitted all the pleas of the plaintiffs. He pleaded that defendant No. 2 Nidhan Singh pressuris
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