MOHANLAL PATLE Vs. SURJEET SINGH SALUJA

JUDGEMENT

(1.) Heard.

(2.) The respondent-plaintiff filed a suit for grant of decree of specific performance on the pleadings, inter alia, that the appellant-defendant in need of money, had agreed to sell his property in dispute ad measuring 47 acres of land for a consideration of Rs. 6,15,000/- and an agreement was executed on 07-10-2004 in the presence of witnesses upon receiving Rs. 15,000/- in advance. Further, pleading was that from time to time, the defendant kept on receiving part payments and was also executing note or separate agreement acknowledging the fact that he was receiving part payments towards execution of sale deed of the property in dispute in favour of the plaintiff. According to the plaintiff, on the basis of agreement executed from time to time, the plaintiff had paid total amount of Rs. 2,15,000/- to the defendant, but the defendant started avoiding execution of sale deed. When the plaintiff demanded execution of sale deed by offering to pay the balance amount, the defendant threatened that he would get him involved in false criminal case. Paper publication was made by the plaintiff, but even thereafter, no sale deed was executed in his favour by the defendant. Hence, the suit was filed.

(3.) On the basis of the pleadings of the parties, the learned trial Court framed following issues:-