MOHD CHAMAN GULZAR Vs. RAISUDDIN

JUDGEMENT

(1.) C M No. 20574/2018(Exemption)

(2.) The facts of the case are that the respondent/plaintiff pleaded that under the subject agreement to sell, out of the total sale consideration of Rs.4 ' lacs, a sum of Rs.3 lacs was paid to the appellant/defendant, and since the appellant/defendant did not execute the sale documents in favour of the respondent/plaintiff, hence the subject suit for specific performance was filed.

(3.) Appellant/Defendant contested the suit and denied execution of the agreement to sell. Appellant/defendant pleaded that actually the transaction in question was not an agreement to sell but the appellant/defendant needed a loan of Rs.3 lacs for the marriage of his daughter, and therefore, he had given the original documents of his property to the respondent/plaintiff. It was pleaded that the subject agreement to sell is forged and fabricated document. Suit was therefore prayed to be dismissed.