GURDIAL KAUR Vs. NIRMALA DEVI

JUDGEMENT

(1.) Gurdial Kaur-defendant has filed the instant second appeal, having lost in both the Courts below.

(2.) Plaintiff-respondent-Nirmala Devi filed suit against the appellant for specific performance of the agreement to sell dated 21.05.2005 alleging that the defendant-appellant agreed to sell the suit property to the plaintiff respondent for Rs. 1,70,000/ - and received Rs. 50000/ - as earnest money and executed the aforesaid agreement. Sale deed was to be executed and registered on 05.08.2005. The plaintiff always remained ready and willing perform his part of the contract, but the defendant committed breach thereof. The plaintiff reached the office of Sub-Registrar on 05.08.2005 with requisite amount to get the sale deed executed in terms of the agreement, but the defendant did not turn up. On the contrary, defendant sent notice dated 24.06.2005, disowning the agreement. Plaintiff sent reply dated 25.06.2005 to the notice.

(3.) The defendant denied the plaint allegations. It was denied that defendant agreed to sell the suit property to the plaintiff and executed the agreement. It was pleaded that the agreement has been forged in connivance with scribe and attesting witnesses. The agreement is without consideration. The defendant is aged 80 years. Plaintiff allured her on the pretext of getting sanctioned pension for her and got her signatures on various documents. The defendant subsequently doubted the plaintiff's intention and sent notice dated 24.06.2005. Various other pleas were also raised.