LAXMAN SINGH Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 16.1.2012. Today, the matter is effective item No.4 on the Regular Board. Counsel for the appellant appears. Of course, he has not appeared on his own but he has appeared because the counsel for the respondent No.1 informed him. Ordinarily, the appeal would have been dismissed in default but the counsel for the respondent No.1 had the courtesy to inform the counsel for the appellant. Counsel for the appellant is however not ready to argue the appeal. It is not as if the counsel for the appellant is a new counsel who has been recently engaged. Request is therefore declined. I have therefore heard the counsel for the respondent No.1 and after perusing the record am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 7.8.2003 decreeing the suit of the respondent No.1/plaintiff for a sum of Rs. 5 lacs alongwith interest @ 12% per annum simple being the amount which was paid to the appellant/defendant No.1 under an agreement to sell, and which agreement could not fructify.

(3.) THE appellant/defendant No.1 contested the suit and denied that he entered into an agreement to sell of the suit property. It was also denied that he received Rs. 5 lacs. It was alleged that the receipt and the agreement to sell dated 21.9.1998 were forged and fabricated documents inasmuch as they were got signed in blank.