DEVINDER SINGH Vs. HARI SINGH

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions.

(2.) The subject suit was filed by the respondent/plaintiff seeking specific performance of the receipt-cum-agreement to sell dated 22.1.2002. Total sale consideration as per the receipt-cum-agreement to sell was Rs. 1,50,000/-. The appellant/defendant received under the receipt-cum-agreement to sell a sum of Rs. 65,000/- in cash and Rs. 35,000/- by way of cheque. Balance consideration payable was Rs. 50,000/- and which was to be paid at the time of transfer of the title in the suit property by the appellant/defendant in favour of the respondent/plaintiff. As the appellant/defendant failed to execute the title documents, consequently, the subject suit for specific performance came to be filed.

(3.) The appellant/defendant denied execution of the receipt-cum-agreement to sell dated 22.1.2002. Appellant/defendant claimed that the amount of Rs. 35,000/- received by cheque under the receipt-cum-agreement to sell was in fact for return of loan which was given by the appellant/defendant to the respondent/plaintiff. It was, accordingly, prayed that the suit for specific performance be dismissed.