IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

212 RSA-5336-2012(O&M)

Date of decision: 23.02.2026 Jagir Singh & Another ...Appellant(s)

Vs.

Bhalinder Singh & Others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Naveen Jhajholia, Advocate for the appellants.

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NIDHI GUPTA, J. CM-14964-2012 This is an application under Section 5 of Limitation Act read with Section 151 CPC for condonation of delay of 2 days in filing the appeal.

After going through the contents of the application, which is supported by affidavit of the appellant No.1, the same is allowed subject to all just exceptions and delay of 2 days in filing the present appeal is condoned.

MAIN CASE The plaintiffs No.3 and 4 are in second appeal against the concurrent judgments and decrees of the learned Courts below whereby suit for declaration and permanent injunction filed by the appellants, has been dismissed by both the Courts below.

2. Brief facts of the case are that the plaintiffs had filed the instant suit seeking declaration to the effect that the Agreement to Sell dated 20.07.2004 and subsequent Agreement to Sell dated 25.08.2004 regarding suit land measuring 69 kanal 11 marla as described in the plaint, is null, void and is liable to be cancelled and is not binding upon the rights of the plaintiffs; and permanent injunction restraining the defendants and their agents, etc. from alienating, mortgaging or transferring the suit property or changing the nature of the suit property in any manner.

3. It was the pleaded case of the appellants that they had entered into an Agreement to Sell dated 20.07.2004 with the defendants to buy land measuring 69 kanal 11 marla at the rate of Rs.12,50,000/- per acre. Pursuant thereto, plaintiffs had received an amount of Rs.6 lakh on 20.07.2004 from the defendants as earnest money. Date of execution of Sale Deed was fixed for on or before 02.01.2006. It was further settled that Sale Deed of 2 acres of land will be executed on or before 05.08.2004 out of suit land. It was pleaded that plaintiffs had come present in the Office of Sub- Registrar for execution of Sale Deed of 2 acres on 05.08.2004, but the defendants had failed to turn up. As such, the plaintiffs had got attested an affidavit dated 5.8.2004, regarding their presence from the office of Sub Registrar. Thereafter, the defendant got the Sale Deed executed from the plaintiff of one acre of land consisting of 8 kanals out of the suit land, vide registered sale deed dated 26.8.2004 and possession of the same i.e. 8 kanal has been delivered to Bagga Singh, Sushil Kumar and Walait Singh and same was executed at the instance of defendants.

4. Thereafter, subsequent Agreement dated 25.08.2004 had been executed by plaintiffs in favour of the defendants regarding the suit land in which they had received Rs.14 lakh more as earnest money. As per Agreement dated 25.08.2004, it was settled that Sale Deed of 3 acre will be executed on or before 25.11.2004. However, the defendants had failed to execute the said Sale Deed as they had no ready money for execution of Sale Deed despite the fact that plaintiffs are very much present and had got Affidavit attested for marking their presence. Accordingly, it was alleged that as per the conditions of the agreement dated 20.7.2004 and 25.8.2004 defendants have failed to perform their part of contract and therefore earnest money has been forfeited and agreement to sell are liable to be canceled. The defendants have no right, title or interest in the suit land but they want to alienate the same. Hence present suit was filed on 01.12.2004. 5. Upon appraisal of pleadings and oral & documentary evidence adduced by the parties, the learned Civil Judge (Junior Division), Rajpura, had dismissed the suit of the plaintiffs with costs vide judgment and decree dated 12.02.2011. The Civil Appeal filed by the plaintiffs No.1, 3 and 4 was dismissed by the learned District Judge, Patiala vide judgment and decree dated 06.06.2012. Hence, pr