RATAN PAL SINGH Vs. KUNWAR PAL SINGH

JUDGEMENT

(1.) This Second Appeal has been directed against the judgment and decre dated 24-8-1998 passed by 2nd Additional District Judge, Moradabad in Civil Appeal No. 70 of 1995 dismissing the appeal and confirming the judgment and decree of 1st Additional Civil Judge, Moradabad dated 25-4-1994 passed in Original Suit No. 1062 of 1991 decreeing the suit of respondents for specific performance of contract.5

(2.) Kunwar Pal Singh and Chandra Pal Singh respondents (hereinafter called 'plaintiff') jointly filed Original Suit No. 1062 of 1991 against the appellant (hereinafter called 'defendant') for specific performance of contract dated 20-11-1990 after receiving remaining sale consideration amounting to Rs. 5000.00 and in the alternative refund of earnest money amounting to Rs. 35000.00 along with interest at the rate of Rs. 17% P.A. The case of plaintiffs in brief was that the defendant was owner Bhumidhar of plot No. 124/1 area 3.13 acre. He agreed to sell the above plot in favour of plaintiffs for a consideration of Rs. 40,000.00 and in lieu of it executed a registered agreement to sell on 20-11-1990 after receiving a sum of Rs. 35,000.00 as earnest money. He promised to execute the sale-deed by 30-11-1991 after receiving remaining sale consideration. The plaintiffs reminded the defendant several times to execute sale-deed and also served registered notice for executing sale-deed by appearing on 30-11-1991 before the Office of the Sub-Registrar, Chandausi. But the defendant did not appear to execute the sale-deed in pursuance of agreement, hence the suit.

(3.) The defendant filed written statement and contested the suit. His defence was that he never executed any agreement to sell nor received any sale consideration from the plaintiffs. He also denied receipt of any notice. He further contended that the plaintiffs were well known to him from before. They approached him on 19-11-1990 to become surety of one of their relative and in that connection extract of Khatauni relating to him (defendant) was also required. The defendant went to Tahsil, Chandausi along with plaintiffs on 20-11-1990. Gajju Singh and Jodha Singh also met him there. They got seated him in the Office of Munsif, Chandausi and after some times brought a written paper and obtained his signature on it and also got affixed his photograph over it. The contents of documents had not been read over and explained to him. They also took him before an officer and obtained his thumb impression there. Thereafter they sent him to his house saying that the bail had been granted. The defendant had no necessity to sell his plot and the price of land in the area at the relevant time was not less than of Rs. one lac.