NARINDER KUMAR AND ANR Vs. FAQUIR CHAND

JUDGEMENT

(1.) This is second appeal by defendants-Narinder Kumar and Bal Krishan both brothers, having failed in both the Courts below.

(2.) Respondent-plaintiff-Faquir Chand filed suit against appellants for possession of suit house by specific performance of the agreement to sell. The plaintiff alleged that defendants had been taking various amounts as loan from the plaintiff from time to time and consequently a sum of Rs. 3,00,000/- became due from the defendants to the plaintiff. To discharge the said debt, the defendants agreed to sell the suit property to the plaintiff and acknowledged the debt amount of Rs. 3,00,000/- and adjusted the same towards sale consideration of Rs. 4,00,000/- for the suit house and executed agreement dated 24.10.1998. Sale deed was to be executed within six months of the agreement i.e upto 30.04.1999. However, on 04.04.1999, defendant No. 1 for himself as well as on behalf of defendant No. 2, received further amount of Rs. 60000/- in cash from the plaintiff towards balance sale consideration and date for execution of the sale deed was extended upto 31.07.1999 by making endorsement on the last page of the agreement. The plaintiff always remained ready and willing to perform his part of the contract, but the defendants committed breach thereof. The plaintiff even sent notice dated 19.07.1999 by registered post to the defendants, but even then, they failed to execute the requisite sale deed.

(3.) The defendants inter alia pleaded that they never executed the impugned agreement to sell nor they never agreed to sell the suit house to the plaintiff for Rs. 4,00,000/-. On the contrary, defendant No. 1 borrowed Rs. 18000/- initially in the year 1996 from the plaintiff on the condition that if the amount was not returned within 15 days, he would have to pay Rs. 20,000/-. The interest amount kept on accumulating. Defendant No. 1 came under heavy debt. He also borrowed some more amounts from the plaintiff from time to time. Total amount borrowed by defendant No. 1 was Rs. 1,56,000/- only from the year 1996 to 1999. Defendant No. 1 had been paying interest at the rate of 5% per month to the plaintiff, but without any receipt. Both the defendants signed the documents in which amount of Rs. 1,56,000/- was depicted to be Rs. 3,00,000/-. The documents were signed under threat and coercion. The defendants were made to sign the alleged agreement to sell dated 24.10.1998 and later on defendant No. 1 was again made to sign the receipt allegedly executed on 04.04.1999, although defendant No. 1 had not taken further amount of Rs. 60000/- from the plaintiff and rather said amount was added on account of interest. The suit house was already mortgaged with State Bank of Patiala by deposit of title deeds. Defendants pleaded fraud allegedly played by the plaintiff. Various other pleas were also raised.