CHARANJIT SINGH Vs. GURCHARAN SINGH SAHNI AND ORS.

JUDGEMENT

(1.) Aggrieved by judgment and decree dated 9.1.2020 passed by learned Additional District Judge, Rupnagar, dismissing an appeal filed against judgment and decree dated 29.4.2019, passed by Civil Judge (Junior Division), Rupnagar, the appellant/plaintiff Charanjit Singh (hereinafter referred to as 'the appellant') has preferred the instant appeal. The appellant/plaintiffs's suit for possession by way of specific performance of an agreement dated 6.1.2014 had been dismissed qua the main relief by the Civil Judge (Junior Division), Rupnagar vide judgment and decree dated 29.4.2019, while granting alternate relief of recovery of earnest amount only.

(2.) The appellant/plaintiff Charanjit Singh instituted a suit against the respondents/defendants Gurcharan Singh and others (hereinafter referred to as 'the respondents') averring therein that the respondents had executed an agreement dated 6.1.2014 in his favour for sale of land measuring 7 kanals and 8 marlas, situated in village Bhallian, Tehsil and District Rupnagar, at the rate of Rs. 16 lacs per acre and had received an amount of Rs. 14 lacs as earnest money. As per plaintiff, it was agreed that the sale deed would be executed by 5th of January, 2015. However, since the respondents did not come forward to execute the sale deed even on the last day i.e. 5th of January, 2015, despite having been informed and did not even come on the next day i.e. on 6th of January, 2015, the plaintiff instituted the present suit.

(3.) The respondents, while denying all the material averments made in the plaint, took a stand that the plaintiff is infact a commission agent at Grain Market, Rupnagar and that the defendants were selling their crops through the plaintiff and during the course of various transactions amongst them, the plaintiff used to issue temporary receipts and sometimes used to get signatures of respondents on blank papers in order to complete the proceedings in the bank account and had now prepared a false document.