DILSHAD AND ORS. Vs. MOHD. FAIZAAN

JUDGEMENT

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

(2.) In Original Suit No. 563/1995, Mohd. Faizaan Vs. Smt. Husn @ Hasan , plaint case was that defendant had entered into registered contract dated 14.12.1993 for sale of her disputed property in favour of plaintiff for Rs. 93,500.00 and accepted Rs. 60,000.00 as advance consideration. Thereafter defendant again received Rs. 15,000.00 as advance consideration in Sub-Registrar office. Under the contract, defendant had to execute sale-deed of disputed property. Plaintiff had been ready and willing to perform his part of contract, but defendant had not executed sale-deed in spite of repeated request and written notice served on her. Then plaintiff had filed suit for specific performance of said contract.

(3.) In written-statement, the defendant denied the plaint averments and pleaded that her house was damaged in rainy season in year 1993, then her husband has taken bricks of Rs. 12,000.00 from defendant and as security for payment of said amount, defendant and her husband were asked to execute document. Then on insistence of plaintiff, defendant had signed documents and placed thumb impression on them. When defendant had refunded the amount of loan, then plaintiff had not cancelled those documents and filed this suit. Defendant had never intended to execute agreement to sell, but the documents in question were result of fraud played by plaintiff. Therefore, plaintiff's suit should be dismissed.