HANS RAJ VERMA Vs. PREM SINGH

JUDGEMENT

(1.) THE challenge by means of this regular first appeal under Section 96 of the Code of Civil Procedure,1908 is to the impugned judgment and decree dated 29.1.2001 whereby the suit of the appellant/plaintiff for specific performance and injunction has been dismissed except giving a partial relief of grant of Rs.50,000/- with pendente lite interest at 12%.

(2.) THE facts of the case are that the appellant/plaintiff claimed that the three defendants/respondents entered into an agreement to sell dated 29.10.1988 with the appellant/plaintiff for sale of a plot of 4 bighas and 5 biswa situated in Khasra No. 47/5/2 and 47/6/1, L Block, Sangam Vihar, Village Devli, Delhi. It was claimed by the appellant/plaintiff that on the date of agreement to sell a sum of Rs.1 lakh in cash was paid to the respondents/defendants. It was further claimed that subsequently till 1994 two further amounts of Rs.50,000/- (13.4.1989) and Rs.1,15,000/- (16.11.1994) were paid and thereby the entire sale consideration stood paid to the respondents/defendants/sellers. It was the further the case that the appellant was given possession of the subject property at the time when agreement to sell was entered into.

(3.) IT is really the issues no.2 and 3 which are the crucial issues which have been decided by the trial court against the appellant/plaintiff, and with respect to which issues arguments were advanced on behalf of the appellant/plaintiff before this court. With respect to these issues, the trial court has held the documents being the agreement to sell Ex.PW1/2 and the receipt dated 29.10.1988/16.11.1994 Ex.PW1/3 to be forged and fabricated documents inter alia, for the following reasons:-