1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 122 of 2009. Date of Decision: 20.1.2009 *** Darshanjit Kaur & Anr. .. Appellants VS. Kashmir Singh & Ors. .. Respondents. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Ms. Arun Jain, Sr. Advocate with Mr. Vishal Goel, Advocate for the appellants. *** ARVIND KUMAR, J. The defendant-appellants are the subsequent vendees and they have laid challenge to the judgments and decrees dated 8.2.2000 and 25.9.2008 passed by learned trial court as well as first appellate court below vide which the suit of the plaintiff-respondent Kashmir Singh for specific performance of agreement to sell dated 15.2.1992 has been decreed and defendant Chanan Singh through his legal representatives i.e. respondents No.2 to 13 herein have been directed to get the sale-deed of the suit land executed in favour of the plaintiff on payment of remaining sale consideration. I have heard learned counsel for the appellants and have gone through the paper-book carefully. It is gathered from the perusal of impugned judgments that both the Courts below on the basis of testimonies of plaintiff coupled with that of PW1. Sukh Raj Singh, the deed-writer who scribed the agreement, PW3 Budh Singh and PW5 Massa Singh, the attesting witnesses of the said agreement and PW3 the stamp vendor from whom stamp papers on which the agreement was scribed and on the strength of document Ex.P2 i.e. the affidavit dated 30.6.1993 (the date on which the sale-deed was to be executed and registered), vide which the plaintiff got his presence marked 2 before the office of Sub Registrar and in the absence of any evidence produced on behalf of executant of the said agreement i.e. Chanan Singh or his legal representatives, who preferred not to appear before the Court to substantiate the plea of fraud and fabrication, safely concluded that the said agreement Ex.P1 was executed by Chanan Singh after taking Rs.60,000/- from the plaintiff and he agreed to sell the suit land to the plaintiff @ Rs.70,000/- per acre, but later on backed out from the agreement and accordingly rightly held that the plaintiff who remained ready and willing to perform his part of the contract is entitled to get the sale-deed executed in his favour. It is apt to mention here that the legal representatives of Chanan Singh even preferred not to file any appeal against the judgment and decree dated 8.2.2000 and to their extent the same attained finality with the efflux of time. So far as the plea of appellant-defendant, the subsequent vendees, that they are bonafide purchaser, without notice of the agreement Ex.P1, the sale-deed dated 4.5.1993 executed by deceased Chanan Singh in their favour is legal and valid, is concerned, the same was not found genuine as there found major variation with decrease in the sale amount because as per impugned agreement Ex.P1, the suit land was agreed to sell in favour of the plaintiff at the total cost of Rs.1,30,000/- in the year 1992 while as per sale-deed dated 4.5.1993, the same was executed and registered in favour of the appellant-defendants against the meager amount of Rs.66000/- that too in the year 1993. That apart, own witness of defendant-appellants i.e. DW.3 Sohan Singh, the attesting witness to the said sale deed dated 4.5.1993, himself claimed to be in the knowledge of the prior agreement Ex.P1 between plaintiff and Chanan Singh and thus their plea was rightly turned down by observing that the agreement Ex.P1 must also be in the knowledge of the appellants and their rights are not protected as despite the notice of the agreement Ex.P1, they preferred to get the sale-deed executed from Chanan Singh at their own risk, to defeat the rights of the plaintiff- respondent Kashmir Singh. Nothing has been shown to take a contrary view. It cannot be said that the findings returned by the Courts below are either illegal or 3 perverse and need no interference. No question of law much less substantial question of law arises for determination in this appeal, which is accordingly dismissed. (ARVIND KUMAR) JUDGE January 20,2009 Jiten