KRISHAN KUMAR Vs. BHARAT SINGH

JUDGEMENT

(1.) Learned counsel for the respondent, Mr. Piyush Garg, Advocate, files his Vakalatnama. The same is taken on record.

(2.) This second appeal has been directed against the judgment and decree dated 22-7-2011 passed by 3rd Additional District Judge, Dehradun in Civil Appeal No. 26 of 2010, Sri Bharat Singh v. Sri Krishan Kumar, arising out of the judgment and decree dated 29-3-2010 passed in Original Suit No. 69 of 2008, Sri Bharat Singh v. Sri Krishan Kumar. By the judgment and decree dated 29-3-2010, the suit of the plaintiff-respondent was dismissed by 3rdAdditional Civil Judge (Senior Division) Dehradun. By the judgment and decree dated 22-7-2011, the appeal filed by the plaintiff-respondent has been allowed and the suit of the plaintiff-respondent has been decreed by the first appellate Court.

(3.) Brief facts giving rise to the present appeal according to the plaint allegations are that the plaintiff-respondent entered into an unregistered agreement for sale and purchase dated 13-3-2007 with Deepak Singh and his brother Vijay Singh and the said agreement was executed between them for a consideration of Rs. 4,75,000/- on which the defendant-appellant herein, Narendra Sen and Deepak Singh put their signatures in presence of the plaintiff and the plaintiff also signed on the agreement, which was containing the terms and conditions of sale. As per contract agreement, the plaintiff-respondent paid a sum of Rs. 4,00,000/- in cash and also paid a sum of Rs. 1,00,000/- through cheque to the defendant. The defendant and other persons were under obligation to perform their part of contract and to execute the sale deed in favour of the plaintiff-respondent within a period of three months. According to the defendant-appellant no such agreement had been filed before the trial Court as well as before the first appellate Court and the burden of proof to establish that amount of Rs. 5,00,000/- had been paid was upon the plaintiff-respondent. The plaintiff respondent was also liable to discharge his burden that the defendant was under obligation to pay an amount of Rs. 2,00,000/-.