BAGICHA SINGH AND OTHERS Vs. YOGRAJ

JUDGEMENT

(1.) Yograj plaintiff-respondent filed suit against Gurmukh Singh defendant (since deceased and represented by appellants as his legal representatives) for possession of the suit land measuring 3 bighas 7 biswas by specific performance of agreement to sell dated 7.10.1998. The plaintiff alleged that defendant agreed to sell the suit land to the plaintiff for total consideration of Rs 2,51,250/- and received Rs one lac as earnest money and executed the aforesaid agreement. Sale deed was to be executed upto 8.8.2003. On 8.8.2003, the plaintiff went to the office of Sub Registrar with bank draft of balance sale consideration to get the sale deed executed in terms of the agreement but the defendant did not turn up. The plaintiff served notice on the defendant to come present in the office of Sub Registrar on 8.9.2003 for executing sale deed but in reply to the said notice defendant denied the very execution of the agreement. The plaintiff always remained ready and willing to perform his part of the contract but defendant committed breach of the agreement necessitating the filing of the suit.

(2.) Defendant broadly denied the plaint averments. It was pleaded that on 7.10.1998 defendant borrowed Rs one lac from the plaintiff who obtained receipt thereof from the defendant and also obtained signatures of defendant on blank stamp papers. Later on the defendant repaid the loan amount and asked the plaintiff to hand over the blank signed stamp papers but the plaintiff did not return the same on the pretext that the same had been lost. The defendant believed the plaintiff. Now the plaintiff has prepared impugned agreement on the said blank signed stamp papers. Various other pleas were also raised.

(3.) Learned Additional Civil Judge (Senior Division), Rajpura vide judgment and decree dated 2.6.2009 instead of decreeing suit for specific performance of the agreement, decreed the suit for recovery of Rs one lac with interest thereon @ 6% per annum since three years prior to the filing of the suit till recovery. However, first appeal preferred by the plaintiff has been allowed by learned Additional District Judge, Patiala vide judgment and decree dated 29.1.2011 and thereby plaintiff's suit has been decreed for possession of the suit land by specific performance of the impugned agreement. Feeling aggrieved, legal representatives of the defendant have preferred the instant second appeal.