JEET SINGH Vs. LAL SINGH

JUDGEMENT

(1.) Jeet Singh defendant, having remained unsuccessful in both the courts below, has approached this Court by way of instant second appeal.

(2.) Suit was filed by Lal Singh respondent against the appellant for possession of suit land by way of specific performance of agreement dated 11.06.1999. The plaintiff alleged that the defendant agreed to sell suit land measuring 18 bighas @ Rs. 32,000/- per bigha to the plaintiff for total sale price of Rs. 5,76,000/- and received Rs. 4,50,000/- as earnest money and executed the impugned agreement dated 11.06.1999. Sale deed was to be executed on or before 15.06.2000. There being holidays from 15.06.2000 to 18.06.2000, the plaintiff went to the office of Sub Registrar on 19.06.2000 to get the sale deed executed as per agreement, but the defendant did not turn up. Notice dated 22.01.2001 sent by the plaintiff to the defendant by registered post also failed to evoke any response.

(3.) The defendant denied the plaint allegations and pleaded that he never entered into the impugned agreement to sell the suit land to the plaintiff. The alleged agreement, if any, is result of fraud and misrepresentation. The suit has been filed in connivance with Bir Bhan Goyal, Commission Agents, who might have procured thumb impressions of the defendant because the defendant used to sell his agricultural produce at the shop of Bir Bhan Goyal. Various other pleas were also raised.