BUDH RAM Vs. NATHA SINGH

JUDGEMENT

(1.) This order will dispose of RSA No. 4318 of 2012 and cross objections No. 14-C of 2015 as these have emerged out of the judgment and decree dated 9.8.2012 passed by the Additional District Judge, Sirsa.

(2.) The appellant-plaintiff filed suit for possession qua land measuring 18 kanal 10 marlas by way of specific performance of agreement dated 17.6.2002. As per case set up by the appellant, the respondent-cross objector agreed to sell the suit land @ Rs. 1 lakh per acre and received Rs. 2 lakh as earnest money at the time of execution of agreement dated 17.6.2002. The sale deed was agreed to be executed on 17.12.2002. On the stipulated date, the appellant remained present in the office of Sub Registrar, Sirsa alongwith balance sale consideration and registration charges etc. but respondent did not turn up. He executed affidavit marking his presence, duly attested by Executive Magistrate, Sirsa. The appellant requested the respondent several times to get the sale deed executed and also served legal notice but to no avail. Hence the suit.

(3.) The respondent-defendant denied the allegations with regard to execution of agreement to sell, receipt of earnest money and promise to execute the sale deed on 17.12.2002 with the allegations that he made a request to the appellant to give a loan of Rs. 25,000/- with interest @ 2% per month. The appellant gave a loan of Rs. 25,000/- and asked him to purchase the stamp papers and signatures were obtained on blank stamp papers as security for repayment of loan. On 30.5.2003, he repaid the amount of loan with upto date interest and demanded return of blank signed papers but the appellant promised to return the same after 2-3 days. Later, the defendant requested the plaintiff several times to return the blank papers but the appellant told him that the same have been destroyed and it would not be misused. All other material averments of the plaint were denied with a prayer for dismissal of the suit.