MANJIT SINGH Vs. RAMESH KUMAR AND ANOTHER

JUDGEMENT

(1.) The appellant, who was defendant No.1 before the trial Court, has approached this Court challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondent-Ramesh Kumar for possession by way of specific performance of the agreement to sell in question was decreed.

(2.) As per the averments made in the plaint, the appellant being owner in possession of the suit land entered into an agreement to sell with plaintiff-respondent No.1 and executed an agreement dated 31.10.2001 vide which he agreed to sell the suit land to the plaintiff for a consideration of Rs.2,25,000/- per acre and received Rs.1,00,000/- as earnest money and agreed to execute the sale deed on or before 30.10.2002 upon receiving the balance sale consideration in the presence of the witnesses. It was further averred that the plaintiff always remained ready and willing to perform his part of the contract. On 30.10.2002, the execution date of the agreement to sell in question was extended. The plaintiff paid a further sum of Rs.1,25,000/- to the appellant and an endorsement was made extending the date to 25.10.2004. However, the appellant did not turn up on the stipulated date for execution of the sale deed in the Office of the Registrar and backed out from his obligation. Left with no other option, the present suit was filed.

(3.) Upon notice, the appellant appeared and contested the suit raising various preliminary objections in the written statement. On merits, execution of the agreement in question was denied. It was pleaded that the appellant never struck any bargain with the plaintiff to sell his land nor did he receive any earnest money. The agreement so set up by the plaintiff was illegal, null and void. The appellant was not known to him. The plaintiff has filed the suit in connivance with one Paramjit Singh who was inimical to the appellant. All other averments of the plaint were denied and dismissal of the suit was prayed for.