MAKHAN SINGH Vs. HARMEET SINGH

JUDGEMENT

(1.) Makhan Singh - defendant has filed the instant second appeal, having remained unsuccessful in both the Courts below.

(2.) Harmeet Singh - plaintiff - respondent filed suit against appellant for possession of the suit land by specific performance of the agreement to sell. The plaintiff alleged that the defendant vide agreement dated 16.05.2002 agreed to sell 11 kanals 18 marlas land in suit to the plaintiff for Rs.1,85,940/- and received Rs.1,00,000/- at the time of the agreement. Sale deed was to be executed upto 31.05.2003. Defendant could not execute the sale deed till that date due to some problem. On 22.08.2003, defendant received further amount of Rs.25000/- from the plaintiff vide receipt executed on the back of the agreement and extended the date of execution of sale deed till 31.05.2004. The plaintiff always remained ready and willing to perform his part of the contract, but the defendant committed breach thereof.

(3.) Defendant inter alia pleaded that he never agreed to sell the suit land to the plaintiff nor executed any agreement nor received any amount from the plaintiff. The impugned agreement is forged and fabricated. The defendant, who is a farmer, used to sell his crop at the shop of the plaintiff, who is a Commission agent. The plaintiff might have obtained signatures or thumb impressions of the defendant on some blank stamp papers/pronotes or receipts and later on prepared the alleged agreement.