ZAMADAR Vs. KALI CHARAN

JUDGEMENT

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

(2.) Admittedly the defendant Zamadar Singh is real elder brother of plaintiff Kali Charan. It is also admitted that registered agreement to sell dated 19.7.2005 was executed on behalf of defendant/appellant Zamadar Singh for sale of his property in favour of defendant for consideration of Rs. 1,50,000/-, and it was mentioned in said-deed that advance consideration of Rs. 1,40,000/- was received by defendant/appellant at the time of execution of said contract. When sale-deed was not executed by defendant/appellant in favour of plaintiff, then plaintiff had filed suit no. 148/2008 for specific performance of contract, which was decreed for the relief of specific performance. Then Civil Appeal no. 40/2014 (Zamadar vs. Kali Charan) was preferred by defendant was dismissed by the judgment dated 7.9.2015 by Additional District Judge, Court No. 3 Etah. Agaist the judgment of trial court as well as first appellate court present Second Appeal has been preferred by defendant of the original suit.

(3.) In this matter written-statement, the execution the deed of registered agreement to sell was admitted. But the defendant had pleaded that he had never willfully executed said document. He further pleaded that defendant had executed another registered agreement to sell in favour of Bharat Singh, and when he returned advance consideration of said deed and approached Bharat Singh for cancellation of deed of contract for sale, then plaintiff played fraud on him in connivance with Bharat Singh and Rajendra, and instead of preparation of deed of cancellation of agreement to sell in favour of Bharat Singh, he got executed deed by registered agreement to sell dated 19.7.2005 for sale of defendant's property in his own favour.