JORA SINGH Vs. LAKHWINDER KUMAR

JUDGEMENT

(1.) This is second appeal by defendant Jora Singh, having remained unsuccessful in both the courts below.

(2.) The suit was filed by Inderjit Singh (since deceased and now represented by respondents as his legal representatives) alleging that the defendant-appellant agreed to sell the suit land measuring 18 bighas 09 biswas to the plaintiff @ Rs. 42,000/- per bigha, vide agreement dated 13.11.2002 and received Rs. 4,00,000/- as earnest money. Sale deed was to be executed on or before 30.11.2003. However, 29.11.2003 and 30.11.2003 being holidays (Saturday and Sunday), the plaintiff appeared before the Sub Registrar on 28.11.2003 for getting the sale deed executed in terms of agreement, but the defendant did not turn up. Notice sent to the defendant was received back undelivered. The defendant has committed breach of the agreement, whereas the plaintiff always remained ready and willing to perform his part of the contract. On these averments, the plaintiff sought specific performance of the agreement to sell and in the alternative, for recovery of Rs. 7,74,900/-.

(3.) The defendant denied the plaint allegations. The defendant also denied to having agreed to sell the suit land to the plaintiff or having executed the agreement or having received Rs. 4,00,000/- as earnest money. The defendant alleged that he used to sell his crop at the shop of Vijay Singla - Commission Agent, who used to obtain thumb impressions/signatures of the defendant on blank papers as collateral security and after settling accounts with him in June 2004, the defendant shifted to another Commission Agent, but Vijay Singla has forged the alleged agreement in connivance with plaintiff and marginal witnesses. Various other pleas were also raised.