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PANKAJ JAIN
Gurbachan Singh – Appellant
Versus
Swaran Singh – Respondent
JUDGMENT :
Pankaj Jain, J.
Defendants are in appeal. For convenience, parties hereinafter are referred to by their original position in the suit i.e. the appellants as defendants and respondents as plaintiffs.
2. Plaintiffs filed suit for possession by way of specific performance of oral agreement to sell dated 06.07.1986. Further prayer was for declaring sale deeds dated 15.09.1986 executed in favour of defendants No.2 to 6 as null and void.
3. Plaintiffs claimed that defendant No.1 is the owner of the suit land as described in the head note of the plaint. The land is situated in the revenue estate of village Naggal Faizgarh, Tehsil Kharar, whereas defendant No.1 was residing at village Manakpur, Tehsil Kharar for last 40 years with one Gurdial Singh s/o Beant Singh being unmarried and issueless. It was further pleaded that defendant No.1 agreed to sell land in favour of plaintiffs on 06.07.1986, when the plaintiffs alongwith their father visited house of Gurdial Singh. It was an oral agreement to sell. The total sale consideration of land was agreed to be Rs.15,000/-. Pursuant to the aforesaid agreement, sale deed was executed by defendant No.1 in favour of the plaintiffs on 17.07.19
The court held that the plaintiffs failed to prove the existence of a valid oral agreement for the sale of land, leading to the dismissal of their suit for specific performance.
(1) An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such an agreeme....
Point of law: specific performance of oral Agreement of sale – Not proved - In a case of specific performance of contract, a greater degree of certainty is required and it demands a clear, definite a....
The burden of proving fraud lies with the party alleging it, and a power of attorney holder can testify if they have personal knowledge of the facts.
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