JUDGMENT :

Kshitij Shailendra, J.

1. The instant second appeal at the instance of defendants of Original Suit No.169 of 1983 (Gurudev Singh v. Prem Kumar and others) arises from a suit for specific performance of an unregistered Agreement for Sale (in short ‘AFS’) in relation to an immovable property situated in District Meerut. The trial court decreed the suit by judgment and order dated 20.10.1997, against which, the defendants filed Civil Appeal No. 84 of 1997 (Prem Kumar Sachdeva and another v. Gurudev Singh) which met the fate of dismissal by judgment and decree dated 25.01.2001.

Brief facts of the case

2. One Gurudev Singh instituted the suit in question, initially at Jullundur (now known as Jalandhar), State of Punjab, where it was registered as Original Suit No.26 of 1980. Decree was claimed against three defendants on the basis of AFS dated 31.05.1977 qua land bearing Khasra Nos. 1035 and 1049 situated at Village Ghat, Pargana, Tehsil and District Meerut on the plea that defendants No.1 and 2 had executed a registered power of attorney dated 24.04.1977 in favour of defendant No.3- Puran Chand Sachdeva (in short ‘PCS’) authorizing him to enter into an AFS. An agreement was, acc