MAHAVIR PRASAD Vs. BALVEER SINGH

JUDGEMENT

(1.) The Appeal

(2.) The plaintiffs-respondents filed the aforesaid suit on the basis of registered agreement for sale dtd. 25/4/2014 said to have been executed by the defendant-appellant agreeing to sell 500 Sq. yards of his Bhumidhari land bearing Arazi No. 129-A covered by Khata No. 179. It was stated that despite the agreement, sale deed was not executed by the defendant-appellant and when the plaintiff-respondents issued notice dtd. 29/9/2014 asking him to execute sale deed and, thereafter, presented themselves on 22/10/2014 before the Sub Registrar's office with remaining sum and miscellaneous expenses, the defendant-appellant did not appear for executing the sale deed and, hence, the suit was filed.

(3.) The defendant-appellant filed written statement stating that execution of agreement for sale was a fraudulent exercise, inasmuch as, the plaintiffs carried him to the Registrar's office for witnessing some sale deed but, under the garb of said act, an agreement was got executed. It was further pleaded that the land in dispute being co-owned by various persons and having not been partitioned so far, no necessity to execute the sale deed ever arose. Payment of part of sale consideration was also denied.