MAN SINGH Vs. HARPYARI(SINCE DECEASED)

JUDGEMENT

(1.) This order will dispose of RSA Nos.2263 and 2298 of 2018 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from RSA No.2263 of 2018.

(2.) The appellant/plaintiff sought possession by way of specific performance of agreement to sell dated 18.08.2006 in respect of land measuring 2 kanal 9 marlas for sale consideration of Rs.95,550/- out of which Rs.90,000/- were paid at the time of agreement and balance sale consideration i.e. Rs.5550/- was agreed to be paid at the time of execution and registration of sale deed . No target date was fixed for execution and registration of sale deed. The plaintiff always remained ready and willing to perform his part of the contract. He got issued legal notice dated 04.06.2009 asking the defendant to get the sale deed executed and registered on or before 25.06.2009. The notice was duly replied by the defendant vide reply dated 11.07.2009 asking the appellant to supply copy of the agreement. The plaintiff sent copy of agreement to sell through registered cover on 18.07.2009 but the defendant refused to receive the registered notice. The defendant failed to appear in the office of Sub Registrar on 25.06.2009 to perform her part of the agreement but the appellant got his presence marked in the office of Sub Registrar Palwal. In reply, vide letter dated 18.07.2009, the respondent was asked to get the sale deed executed and registered on or before 03.08.2009 but the respondent did not appear and plaintiff got his presence marked in the office of Sub Registrar, Palwal.

(3.) The respondent/defendant filed the written statement and controverted the allegations with regard to execution of agreement of sale, receipt of earnest money and her liability to execute the sale deed in favour of the appellant/plaintiff. It is averred that the answering defendant is an illiterate lady of more than 80 years of age, living with her daughter Sukan. The plaintiff along with witnesses came to her house when her daughter was away from the house. He obtained her thumb impressions on some blank papers on the pretext that they will get pension sanctioned from Haryana Government and believing his version, she put her thumb impression on blank papers on which the agreement was fabricated and manipulated. She has admitted receipt of notice dated 25.06.2009 and reply thereto vide communication dated 11.07.2009. She has denied the allegations with regard to issuance of notice on 18.07.2009. All other material averments of plaint were denied with a prayer for dismissal of suit.