SEWA SINGH Vs. PARTAP SINGH

JUDGEMENT

(1.) Sewa Singh defendant having lost in both the courts below has approached this Court by way of instant second appeal.

(2.) Partap Singh plaintiff-respondent filed suit against defendantappellant Sewa Singh for specific performance of the agreement dated 30.6.2004 alleging that the defendant agreed to sell the suit land measuring 10 kanals 17 marlas to the plaintiff at the rate of Rs 5 lacs per acre and received Rs 3,75,000/- as earnest money and executed the aforesaid agreement. The sale deed was to be executed on 30.12.2004. The plaintiff always remained ready and willing to perform his part of the contract and even went to the office of Joint Sub Registrar on 30.12.2004 with requisite money but the defendant did not turn up. Notice dated 13.1.2005 was also sent to the defendant who refused to receive it. However, the defendant did not execute sale deed in terms of the agreement and thus, the defendant committed breach of the agreement.

(3.) The defendant denied the plaint allegations. The defendant denied that he agreed to sell the suit land to the plaintiff or that he executed the impugned agreement. The defendant also denied having received earnest money from the plaintiff. The defendant alleged that he had been selling his agricultural produce at the shop of plaintiff's brother Satnam Singh who is Commission Agent. The defendant borrowed Rs. 50,000/- from Satnam Singh who obtained signatures of the defendant on some blank paper and thereafter the impugned agreement was prepared.