BALWANT SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) Defendant Balwant Singh having failed in both the courts below has approached this Court by way of instant second appeal.

(2.) Respondent-Plaintiff Karnail Singh filed suit against Defendant-Appellant alleging that the Defendant agreed to sell 8 kanals land in suit to the Plaintiff for Rs. 1,55,000/-and received Rs. 1,42,500/- as earnest money and executed agreement dated 4.12.2001. Sale deed was to be executed on 4.6.2002. However, by mutation consent date for sale deed was extended to 20.8.2002 and again to 20.11.2002 by written endorsements on the back of the agreement. The Plaintiff went to the office of Sub Registrar on 20.11.2002 for getting sale deed executed and registered as per agreement but the Defendant kept on putting off and did not do the needful. He did not turn up to execute sale deed and committed breach of contract. Legal notice dated 22.3.2004 also did not bear any fruit. Accordingly, the Plaintiff sought specific performance of the agreement to sell and in the alternative recovery of double the earnest money.

(3.) The Defendant controverted the plaint allegations. The Defendant denied having agreed to sell the suit land to the Plaintiff or having received Rs. 1,42,500/- or having executed agreement or endorsements for extension of date of sale deed. The Defendant alleged that relations between the parties were cordial. The Defendant and his brother Balbir Singh were supporting the Plaintiff in his litigation against one Amarjit Singh and used to accompany the Plaintiff to the court premises in the said litigation. Defendant's brother Balbir Singh even appeared as witness for the Plaintiff in the said litigation. Under that garb, the Plaintiff might have obtained signatures of the Defendant and his brother on some blank papers including stamp papers and forged impugned agreement as well as another agreement on behalf of Defendant's brother Balbir Singh regarding which also the Plaintiff has filed suit against Balbir Singh. Various other pleas were also raised.