GURDEEP SINGH Vs. SURESH CHANDER AND ANR.

JUDGEMENT

(1.) Gurdeep Singh defedant No. 1 having lost in both the courts below, has filed the instant second appeal.

(2.) Respondent No. 1 Plaintiff Suresh Chander filed suit against Appellant and Respondent No. 2 alleging that Defendant No. 1 Appellant, as owner of the suit land measuring 13 kanals 16 marlas, agreed to sell the same to the Plaintiff @ Rs. 1,50,000/- per acre and received Rs. 40,000/- as earnest money and executed agreement dated 30.12.1997 registered on 06.01.1998. Sale deed was to be executed up to 08.12.1999. The Plaintiff went to the office of Sub Registrar on 08.12.1999 to get the sale deed executed in terms of the agreement, but Defendant No. 1 did not turn up. Thus, Defendant No. 1 committed breach of the contract, whereas Plaintiff has always been ready and willing to perform his part of the contract. The Plaintiff even sent telegraphic notice dated 08.12.1999 to Defendant No. 1 and also got affidavit attested to depict his presence in the office of Sub Registrar. The Plaintiff accordingly filed suit for possession of the suit land by specific performance of the agreement.

(3.) Defendant No. 1 denied the plaint allegations. Defendant No. 1 denied having agreed to sell the suit land to the Plaintiff or having executed the agreement. Defendant No. 1 pleaded that Plaintiff is money lender and he advanced Rs. 40,000/- to Defendant No. 1 on interest @ 2% per month and as security for the same, the Plaintiff got signatures of Defendant No. 1 on some blank papers, which the Plaintiff might have converted into the alleged agreement dated 30.12.1997 allegedly registered on 06.01.1998. The said agreement is result of fraud and misrepresentation. The Plaintiff also forged another agreement relating to property of Balvir Kaur wife of Defendant No. 1. Various other pleas were also raised.