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2006 DIGILAW 1168 (PNJ)

Gurbax Singh v. Lal Singh

2006-03-20

HEMANT GUPTA

body2006
Judgment 1. The present appeal is by Gurbax Singh subsequent vendee of lal Singh arising out of a suit for specific performance of an agreement to sell dated 4.11.1985 whereby land measuring 7 kanal 4 marla was agreed to be sold to Gurdeep Singh. The appellant has purchased land measuring 12 kanal from Lal Singh vide sale deed dated 22.11.1985. One Lal Singh had two fifth share in the land measuring 39 kanal 8 Marla i. e.15 kanal 15 marla. On 4.11.1985 he entered into an agreement of sale with Gurdip Singh for the sale of land measuring 7 kanal 4 marlas and delivered possession in part performance of the said agreement to him. Soon thereafter, he has executed a sale deed in favour of Gubax Singh on 22.11.1985. Since he has sold land more than his share, Lal Singh filed a suit for possession of land measuring 7 kanals 4 marlas. 2. On the other hand Gurbax Singh filed a suit for specific performance of agreement dated 4.11.1985 in respect of the land measuring 7 kanal 4 marla. 3. The learned first Appellate Court has decreed the suit for specific performance of agreement of sale dated 4.11.1985, whereas dismissed the suit for possession filed by Lal Singh. Aggrieved against the said judgment and decree, Gurbax Singh, the subsequent vendee, is in second appeal. 4. The sole argument raised by the learned counsel for the appellant is that even if the suit of Gurdeep Singh is to be decreed in respect of 7 kanal 4 marla on the basis of prior agreement of sale dated 4.11.1985, the appellant is entitled to the remaining share of the land of Lal Singh. The entire sale cannot be negated on account of the agreement of sale with Gurbax Singh. The said argument is not controverted by the learned counsel for the respondent-plaintiff Gurbax Singh. It is his case as well that he is entitled to 7 kanal 4 marla of land on the basis of agreement to sell dated 4.11.1985. 5. The entire sale cannot be negated on account of the agreement of sale with Gurbax Singh. The said argument is not controverted by the learned counsel for the respondent-plaintiff Gurbax Singh. It is his case as well that he is entitled to 7 kanal 4 marla of land on the basis of agreement to sell dated 4.11.1985. 5. In view of the undisputed facts, it is clarified that the suit of the plaintiff Gurbax Singh for specific performance of an agreement dated 4.11.1985 is decreed in respect of the land measuring 7 kanals 4 marla but subsequent sale in favour of Gurbax Singh vide sale deed dated 22.11.1985 would be in respect of the remaining land falling to the share of Lal Singh. The appeal stands disposed of accordingly.