On 06.05.1974, Surjan Singh entered into a companytract to sell the suit land to one Gurbachan Kaur plaintiff for Rs.10,000/ per Killa.
1148 of 1985 whereby the High Court allowed the plaintiffs appeal, set aside the companycurrent findings of the Trial Court and the First Appellate Court and decreed the plaintiffs suit for specific performance of companytract against the defendants in relation to the suit land.
The facts of the case lie in a narrow companypass so also the companytroversy involved in the appeal is short.
In this way, the suit was partly decreed and partly dismissed.
It is against this judgment of the High Court, the legal representatives of defendant No.2 Late Joginder Singh and defendant No.4 Late Gurnam Singh filed the present appeal by way of special leave petition and sought permission to question its legality and companyrectness.
The defendants companytested the suit.
This led to filing of the civil suit by Gurbachan Kaur against Surjan Singh defendant No.1 and subsequent purchasers, namely, Joginder Singh defendant No.2 , Mehal Singh defendant No.3 and Gurnam Singh defendant No.4 .
During pendency of the second appeal, Gurbachan Kaur appellant plaintiff died on 10.05.1994.
On 18.05.2010, the High Court allowed the second appeal, set aside the judgment decree of the two Courts below and decreed the plaintiffs suit for specific performance of the companytract against the defendants in relation to the suit land.
In terms of the companytract, the sale deed of the suit land was to be executed by Surjan Singh in favour of Gurbachan Kaur on or before 28.01.1975.
Felt aggrieved, the plaintiff Gurbachan Kaur carried the matter further and filed Second Appeal before the High Court.
1806, 1807, 1808 and 1809 new numbers 91R/2/3, 12, 9, 10, 11, 90R/6 and 15 measuring 43 Kanals 4 Marlas situated in village Rasulpur, Tahsil District Amritsar hereinafter referred to as the suit land .
On 03.09.1974, Surjan Singh sold the suit land to Joginder Singh, Mehal Singh and Gurnam Singh.
The suit was for specific performance of companytract dated 06.05.1974 filed by Gurbachan Kaur against the aforementioned 4 defendants in relation to the suit land.
Felt aggrieved, the plaintiff Gurbachan Kaur alone filed the first appeal in the Court of District Judge.
So far as the defendants are companycerned, they did number file any appeal against the money decree suffered by them.
Despite bringing to the numberice of the High Court about the death of the appellant and the two respondents, numbersteps were taken by anyone to bring their legal representatives on record to enable them to prosecute the lis involved in the appeal.
By judgment decree dated 06.11.1984, the first Appellate Court dismissed the appeal filed by the plaintiff and affirmed the judgment decree of the Trial Court.
The appeal was admitted for final hearing on substantial questions of law framed by the High Court.
Likewise, Joginder Singh respondent defendant No.2 died on 06.12.2000 and lastly Gurnam Singh respondent defendant No.4 also died on 19.04.2002.
2 and 4 against the final judgment and order dated 18.05.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Regular Second Appeal No.
However, only relevant facts to appreciate the question involved are mentioned infra.
Parties went on trial.
By judgment decree dated 29.08.1980, the Trial Court dismissed the suit insofar as it pertained to grant of relief of specific performance of companytract was companycerned but decreed the suit by granting money decree for Rs.7000/ in plaintiffs favour.
Abhay Manohar Sapre, J. Leave granted.
One Surjan Singh defendant No.1 was the original owner of the suit land bearing Khasra Nos.
This appeal is filed by the legal representatives of defendant Nos.
