KUNWAR PAL SINGH Vs. SURESH CHAND

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) Admittedly, the defendant Kunwar Pal Singh had executed the registered agreement to sell dated 8.12.2005 for selling his land for a consideration of Rs. 60,000/-, and received Rs. 50,000/- as advance consideration. It was admitted between the parties that within one year defendant will receive remaining consideration of Rs. 10,000/- from plaintiff and execute sale-deed of his property in question. When he had not executed sale-deed, then the plaintiff had given legal notice to him and filed suit for specific performance of contract for sale.

(3.) In written-statement, the defendant pleaded that he had taken loan from plaintiff, but the transaction was written in form of registered agreement to sell. In fact, it was admitted that amount of loan of Rs. 50,000/- will be returned by defendant to plaintiff within one year, then deed will be cancelled and the said registered deed will be only for security of said loan.