SURESH Vs. SANJAY GARG

JUDGEMENT

(1.) Defendant Suresh who was successful in the trial court but has been unsuccessful in the lower appellate court has filed the instant second appeal.

(2.) Respondent-plaintiff Sanjay Garg filed suit against defendant-appellant for possession of the suit house by specific performance of agreement dated 07.02.2002 alleging that the defendant agreed to sell the suit house to the plaintiff for Rs. 70,000/- and received Rs. 40,000/- as earnest money and executed the aforesaid agreement. The plaintiff was always ready and willing to perform his part of the contract but defendant committed breach thereof.

(3.) The defendant alleged that he had borrowed Rs. 8,500/- from the plaintiff and he had to pay Rs. 100/- per day as interest to the plaintiff. The defendant paid Rs. 10,000/-to the plaintiff towards loan and interest. If the alleged agreement is proved, the same might have been obtained as security for the aforesaid loan. The plaintiff is a money lender and he obtains security in the shape of pronote and receipt, agreement etc. from his debtors. It was also pleaded that market price of the suit house was Rs. 6,00.000/-and, therefore, the defendant could not agree to sell the same for Rs. 70,000/- only. Various other pleas were also raised.