VIRENDRA SINGH CHAUHAN Vs. NAVNEET KUMAR JAIN

JUDGEMENT

(1.) Present Civil Revision is filed by the revisionist/defendant no.1 against the order dtd. 3/12/2024 passed by learned 1stAdditional Civil Judge Senior Division, Dehradun in O.S. No.72 of 2017, whereby the application filed by the revisionist/defendant no.1 for issuance of Commission for ascertaining the factual position on spot of the property in question, was dismissed.

(2.) Brief facts of the case are that respondent no. 1/plaintiff instituted a suit being OS no. 72 of 2017 in the court of learned Civil Judge (Senior Division) Dehradun against the revisionist/defendant no.1 for grant of a decree of specific performance stating that the revisionist/defendant no.1 is the absolute owner in possession of the suit property and had proposed to sell the same to the respondent no. 1/plaintiff and respondent no.2/defendant no.2 for sale consideration of Rs.12,00,000.00; that, a registered agreement to sell was executed between the parties on 15/3/2013 and a sum of Rs.10,00,000.00 was paid in advance but despite that the revisionist/defendant no.1 did not appear to execute the sale deed in favour of the respondent no.1/plaintiff.

(3.) The revisionist/defendant no.1 appeared before the Trial Court and filed his written statement. In the written statement, it was contended that no agreement to sell with intention or knowledge of agreeing to sell the said land or any other land has ever been executed between the parties; that, the aforesaid agreement to sell had only been executed by the revisionist/defendant no.1 as security for the loan of Rs.10,00,000.00 taken out by the revisionist/defendant no.1 from the respondent no.1/plaintiff with the express disclosure of the fact that the land in question is not sale-able; that, the land described in the agreement to sell and the schedule of plaint is in fact a land being used as a passage/approach road for Doon Ghati Institute of Professional Education.