BHIM SINGH Vs. SANDEEP KUMAR

JUDGEMENT

(1.) By this judgment, RSA-4998-2013 and RSA-117-2014 shall stand disposed of. Both the appeals are arising from a common judgment passed by the learned trial Court as also by the First Appellate Court while deciding a suit for possession by way of specific performance of the agreement to sell. Defendant No.1 and 2 have filed these two separate appeals against the common judgment passed by the learned trial Court and the First Appellate Court.

(2.) In the considered view of this Court, following questions need determination:-

(3.) Plaintiff-respondent No.l-Sandeep Kumar filed a suit for possession by way of specific performance of the agreement to sell dated 14.09.2005, executed by defendant No.l, agreeing to sell land measuring 21 kanals 13 marlas at the rate of Rs. 3,27,000/- per acre, for a total sale consideration of Rs. 8,84,943/- after receiving earnest money of Rs. 2,50,000/-. As per agreement to sell, sale deed was to be executed on 26.05.2006. Agreement to sell is Ex.PI on the record. Thereafter, defendant No.l executed a supplementary agreement on receipt of Rs. 1,50,000/- as additional amount. The aforesaid supplementary agreement is scribed on reverse of the first leaf of the agreement to sell. In this supplementary agreement, defendant No.l has also acknowledged receipt of Rs. 2,50,000/-. It is also noted in the aforesaid supplementary agreement that defendant No.l has further received Rs. 1,50,000/- and thus, till that day, he has received Rs. 4,00,000/-. Plaintiff claims that defendant No.l has sold the property in favour of defendant No.2 i.e. his own grandson on 17.01.2006 without any consideration in order to defeat the rights of the plaintiff accrued under the agreement to sell. It may be noted here that the suit was filed on 17.02.2006 i.e. much before the target date (26.05.2006) agreed to in the agreement to sell.