SOBARAN SINGH Vs. RAGHUBIR SINGH & ANOTHER

JUDGEMENT

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

(2.) In original suit no. 168/1977 (Sobaran Singh v. Raghubir Singh) the plaint case in brief was that the defendants had executed the registered agreement to sell dated 16.06.1975 for selling his land for a consideration of Rs. 20,000/-, and received Rs. 5,000/- as advance consideration. It was admitted between the parties that within two year defendant will receive remaining consideration of Rs. 15,000/- from plaintiff and execute sale-deed of his property in question. When he had not executed sale-deed, then the plaintiff had served legal notice dated 25.04.1977 to him and after receiving its incorrect reply, he had 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 between the parties that when defendants will return the loan amount of Rs. 5,000/- then that deed will be cancelled; and the said registered deed will be only for security of said loan. Defendants had already returned the amount of loan. Intention of the parties was not to execute sale deed. Plaintiff was never ready and willing to get sale-deed executed. Suit is liable to be dismissed.