NANAK Vs. MOHAMMAD INAM

JUDGEMENT

(1.) Heard learned counsel for the appellant on the point of admission of Second Appeal and perused the records.

(2.) It is admitted fact that registered agreement to sell dated 31.05.2006 was executed between Nanak and Mohd. Inam, by which it was agreed that Nanak (present appellant) will sell his property in question to Mohd. Inam (present respondent) for consideration, and at the time of execution of said registered deed, the plaintiff/appellant Nanak had received advance consideration and promised to execute the sale-deed of disputed property after receiving remaining consideration from defendant/respondent Mohd. Inam. It is also admitted fact that after that the proposed sale-deed, as mentioned in registered deed of agreement to sell, was never executed and both the parties to this registered agreement had filed suits in that regard against each other.

(3.) The original suit no. 821/2006 ( Nanak v. Mohd. Inam) was filed by Nank against Mohd. Inam with averment that he is an illiterate man and had faith on defendant Mohd. Inam. Mohd Inam had asked him to come to Sub-Registrar office for being witness in a matter, but when he (Nanak) reached tehsil, he was asked to make signature and thumb impression on several documents without explaining them. Some time after, he heard rumors that Mohd. Inam had got any registered agreement deed executed for sale for his property, and is preparing to file suit for the same, then he got matter enquired and came in knowledge of all facts. Since, he had not received any consideration and not executed any agreement to sell, therefore, the registered agreement to sell dated 31.05.2006 as above may be cancelled.