KARTAR SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 7.11.2009 passed by the learned lower appellate Court, vide which the suit filed by plaintiff/respondent No. 1 for specific performance of agreement to sell, stands decreed.

(2.) Plaintiff/respondent No. 1 filed a suit for specific performance, to enforce the agreement to sell land measuring 122 kanals 2 marlas. The vendor received earnest money of Rs. 3,00,000/- (Rupees three lac only), and conveyance deed was agreed to be executed on 14.12.2004. It was the case of plaintiff/respondent No. 1, that he was always ready and willing to perform his part of the contract. In order to prove this assertion, had visited the office of Sub Registrar on 14.12.2004, where the vendor did not turn up. The plaintiff proved his presence by submitting an application. It was further the case of plaintiff/respondent No. 1, that in order to defeat the rights of the plaintiff, defendant No. 1 sold 8 kanals of land to defendants No. 2 and 3, who are real brothers of defendant No. 1. The said sale deed was said to be a sham transaction, as before filing the suit, notice was served on the defendant/appellants, also.

(3.) The suit was contested by the defendant/vendor, by raising preliminary objection, that the agreement was a forged document. It was the case set up by the defendant/vendor, that on the date of agreement i.e. 26.12.2003, defendant No. 1 in suit was not the owner of the property. Other averments were controverted. Specific plea taken by the defendants was, that defendant No. 1 had became owner of the land only on 28.6.2004, i.e. after the execution of the agreement.