IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 283 of 2009 Date of Decision : July 24, 2009 Sham Singh and another ....Appellants Versus Harbans Singh and another .....Respondents CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Ms. Rupinder K.Thind, Advocate T.P.S. MANN, J. Suit for symbolic possession by way of specific performance of the oral agreement to sell, filed by the plaintiffs/appellants was dismissed by the learned trial Court. However, in the first appeal filed by them, it was partly decreed to the extent of share of Kulwant Singh, one of the defendants who was directed to get the sale deed executed and registered qua his share in favour of the plaintiffs on receipt of the sale consideration. Hence, the second appeal filed by the plaintiffs under Section 100 of the Code of Civil Procedure. Learned lower Appellate Court had decreed the suit against Kulwant Singh-defendant for the reason that he made a statement about having no objection if the appeal of the plaintiffs was accepted regarding his share in the suit property. However, in pursuance of the compromise dated 4.5.1996 arrived at between the parties in the earlier suit, the plaintiffs failed RSA No. 283 of 2009 -2- to abide by its terms. They did not state about that fact while filing the present suit. There is no evidence that the plaintiffs made the payment of sale consideration to the defendants., No notice was served upon the defendants on their failure to get the sale deed registered. Evidence of the plaintiffs appearing before the Sub Registrar on 7.5.1996 is lacking. Thus, it cannot be said that the plaintiffs were ready and willing to perform their part of the contract/agreement. The findings arrived at by the learned Courts below, in decreeing the suit against Kulwant Singh-defendant only and not against Harbans Singh- defendant, do not suffer from any illegality or infirmity. None of the substantial questions of law, as claimed by the plaintiffs/appellants, arises for determination. The appeal is without any merit and, therefore, dismissed in limine. ( T.P.S. MANN ) July 24, 2009 JUDGE ajay-1