RASHMI RANI Vs. KULDEEP BANSAL

JUDGEMENT

(1.) Defendant-appellant is in the Regular Second Appeal against the concurrent findings of fact arrived at by both the Courts below decreeing the suit for possession by way of specific performance of the agreement to sell dated 10.02.2001.

(2.) Plaintiff-respondent sought the relief on the basis of the agreement to sell dated 10.02.2001, whereby, the defendant had agreed to sell the residential house constructed on a plot measuring 4 marlas for a total sale consideration of Rs.2,60,000/- while receiving earnest money of Rs.2,00,000/-. As per the agreement to sell, the target date for execution and registration of the sale deed was fixed as 31.07.2002. The suit was instituted on 04.09.2002 i.e. after little more than a month from the target date for registration and execution of the sale deed.

(3.) Defendant-appellant contested the suit denying her signatures on the alleged agreement to sell and pleaded that the agreement to sell is forged and fabricated. The defendant-appellant had mortgaged the house in question for securing a loan from the bank.