SURJEET SINGH SALUJA Vs. GULAM RASOOL

JUDGEMENT

(1.) Challenge to this Appeal preferred by the Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (for short 'CPC') is the judgment and decree dated 26.08.2011 passed in Civil Suit No.23-A/2011, whereby the trial Court has dismissed the Plaintiff's claim for specific performance of contract. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated the facts of the case are that the Plaintiff instituted a suit claiming specific performance of contract with regard to the land in question bearing Kh.No.238/2 admeasuring 1.687 hectares situated at village Regda, Tahsil and District Raigarh. According to him, the alleged suit land was agreed to be sold by the Defendant, namely, Gulam Rasool, under an agreement to sale dated 05.04.2005 within the period of one year for a consideration of Rs.90,000/- upon receiving an earnest amount of Rs.60,000/-. It was stipulated in the alleged agreement that the rest of the sale consideration of Rs.30,000/- shall be paid at the time of its registration. It is pleaded further that the Rin-Pustika of it has also been delivered to him on the same day, but, he was avoiding to execute the registered deed of sale on one pretext or the other despite several requests being made and even upon the service of notice dated 08.03.2008, giving rise to the institution of the suit in the instant nature, instituted on 03.04.2008.

(3.) While denying the execution of the alleged agreement to sale, it is pleaded by the Defendant that on 02.04.2005, the Plaintiff had come and taken his Rin-Pustika for verification of the revenue papers and prepared a forged document in order to grab his alleged property and based upon it, has filed the suit.