Specific Performance--Agreement to Sell--In the absence of description of the land agreed to be sold in the agreement, the agreement is vague and cannot be specifically enforced.

Mr. L.N. Mittal, J.: (Oral) - Megh Raj-plaintiff who was partly successful in the trial Court but has been completely non-suited by the lower appellate Court has filed this second appeal.

2. Plaintiff-appellant filed suit against defendant Baljinder Singh @ Barjinder Singh (since deceased and represented by respondents as his legal representatives) alleging that the defendant agreed to sell the suit land measuring 2 kanals 16 marlas to the plaintiff for Rs.32,237/- (Rupees thirty two thousand two hundred thirty seven) and received Rs.10,000/- (Rupees ten thousand) as earnest money and executed agreement dated 03.07.1996. Sale deed was to be executed within fifteen days of sanction of mutation of inheritance of defendant’s father in favour of defendant and other legal heirs. However, he kept on putting off the execution of the sale deed on one pretext or the other. Meanwhile wife of defendant filed suit for maintenance against him along with permanent injunction. In that suit, defendant initially admitted claim of the present plaintiff but later on, in connivance with his wife, refused to execute the sale deed. The said suit was dismissed as withdrawn on 27.05.2000. After withdrawal of said suit, the plaintiff requested the defendant to execute the sale deed but he failed to do so. On approaching the Patwari on 12.07.2000, the plaintiff learnt that inheritance mutation of defendant’s father had already been sanctioned in favour of defendant and other legal heirs. The plaintiff always remained ready and willing to perform his part of the contract but the defendant committed breach thereof. Accordingly plaintiff sought possession of the suit land by specific performance of the aforesaid agreement and also claimed permanent injunction.

3. The defendant in the written statement denied the plaint averments. Execution of the impugned agreement was denied. Receipt of earnest money was also denied. Agreement was alleged to be result of fraud. The agreement was also alleged to be vague as no khasra number and khewat number of the land had been mentioned in it. It was also pleaded that suit is barred by limitation. Various other pleas were also raised.

4. Learned Civil Judge (Junior Division), Mohali vide judgment and decree dated 24.12.2008, instead of decreeing the suit for specific performance of the agreement, decreed the suit for refund of earnest money of Rs.10,000/- along with interest @ 6% per annum from the date of filing of suit till recovery. Plaintiff by filing first appeal against judgment and decree of the trial Court sought specific performance of the agreement. Defendant filed cross-objections in the appeal seeking dismissal of the suit. Learned Additional District Judge, Mohali vide judgment and decree dated 25.11.2009 dismissed the plaintiff’s appeal and allowed cross-objections filed by defendant and dismissed the suit in toto being barred by limitation. Feeling aggrieved, plaintiff has filed this second appeal.

5. I have heard learned counsel for the parties and perused the case file.

6. As regards limitation, counsel for the appellant contended that in suit filed by defendant’s wife Subhash Rani (respondent No.1 herein) against the defendant, to which present plaintiff was also party, temporary injunction was granted vide order dated 12.05.1999 thereby restraining defendant herein from alienating the suit land and restraining the plaintiff herein from purchasing the same and the said suit was dismissed as withdrawn on 27.05.2000 and therefore, the instant suit filed on 17.08.2000 cannot be said to be time barred. There is considerable merit in the contention. Sale deed was to be executed in favour of plaintiff on sanctioning of inheritance mutation of father of the defendant. The said inheritance mutation was sanctioned on 29.11.1996. Plaintiff’s plea that he was not aware of sanction of the said mutation till 12.07.2000 when he contacted halka Patwari and learnt of the sanction of the mutation, is completel