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2007 Supreme(P&H) 1452

PERMOD KOHLI
Gurdial Singh – Appellant
Versus
Hazura Singh – Respondent


Judgment

1. This Regular Second Appeal has been preferred by the defendant in the Suit No. 567/9-8-1978 filed by respondent No. 1-plaintiff, Hazura Singh (now deceased) for specific performance of contract. Briefly stated the facts as apparent from the record, are that Ram Kishan and Gurdial Singh, appellants/defendants Nos. 1 and 2, respectively, executed an agreement to sell dated 30-12-1976 in favour of Hazura Singh, plaintiff-respondent for the sale of land measuring 20K-8M at the rate of Rs. 1000/- per bigha. In terms of the agreement, sale deed was to be executed and registered by 31-12-1977. The agreement further stipulated that on failure of the vendors to execute the sale deed, vendees are entitled to recover advance amount along with damages at the rate of Rs. 100/- per bigha. The agreement also specifies payment of advance amount of Rs. 7900/-. It is admitted case of the parties that the agreement in question was never implemented by the parties. In the meanwhile, a Suit No. 849/29-12-1977 came to be filed by defendants Nos. 4 and 5 wherein a collusive decree was passed in respect of the suit land in favour of Devinder Singh and Inderjit Singh, minor sons of Ram Kishan. O



























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