JEEWAN LAL Vs. TEJO

JUDGEMENT

(1.) The plaintiff-appellant is in the Regular Second Appeal against the concurrent judgments of the Courts below dismissing the suit filed for specific performance of the agreement to sell.

(2.) The plaintiff filed a suit for grant of relief of permanent injunction and mandatory injunction on 28.07.2004 with following prayers:-

(3.) The plaintiff had pleaded that the defendant late Sh. Puran Lal had entered into an agreement dated 24.09.1996 to transfer lease hold rights of plot measuring 50 square yards forming part of land bearing Khewat No.432, Khatoni No.633, Rectangle No.63, Killa Nos.l(l-15), 64(0-2), situated at Mauja Baselwa, Tehsil and District Faridabad for a total agreed sale consideration of Rs.62,500/-, on receipt of a sum of Rs.52,500/- towards part payment. The balance amount of Rs.10,000/- was payable at the time of execution and registration of the sale deed which was agreed to be executed on 23.09.1997. Before the date of execution of the sale deed, the defendant showed his inability to perform his part of the contract on the ground that there was some litigation regarding the plot in question pending before the Civil Court at Faridabad in the case titled as 'Raj Kumar vs. Puran Lal'. It was agreed that as and when the litigation would come to an end, the defendant will intimate in writing to the plaintiff and, thereafter, within one year the registered sale deed would be executed. The defendant failed to intimate, hence, the suit was filed. A photocopy of the agreement to sell was produced alongwith the plaint. The defendant, on service of notice, contested the suit and pleaded that no agreement to sell has been entered into and the agreement to sell is forged and fabricated.