SAHIB DAYAL Vs. JAI LAL

JUDGEMENT

(1.) This is defendant's second appeal against whom in a suit for specific performance of the agreement for sale, a decree for a sum of Rs. 10,600/- has been passed by both the Courts below.

(2.) The plaintiff filed a suit claiming that defendant entered into an agreement on 29th January, 1975 to sell the suit land in his favour for a consideration of Rs. 10,600/- after receiving the total consideration on the said date. The sale deed was to be executed by 20th January, 1976 but the defendant failed to turn up in the office of the Sub Registrar for getting the needful done. According to the plaintiff he had been ready and willing to perform his part of the contract but the defendant inspite of a notice dated 17th January, 1976 failed to do so. In the written statement it was denied that the defendant received the consideration of Rs. 10,600/- or ever entered into an agreement to sell the suit land to the plaintiff. The case set up was that the defendant had borrowed a sum of Rs. 1500/- from the plaintiff somewhere in the end of year 1974 through a pronote. Soon thereafter he suffered from mental derangement which continued uptil the middle of the year 1975. According to the defendant, the plaintiff brought him to the Court compound on the pretext that the pronote was to be renewed and he obtained his signatures there on a document written by a petition writer. He pleaded that the agreement was not executed by him through free consent and was the result of the fraud committed by the plaintiff upon him.

(3.) The trial Court found that the agreement Exhibit P-1 was executed by the defendant for consideration. The trial Court further observed that notwithstanding that no alternative plea for money decree was pressed by the plaintiff. The trial Court while denying him the relief of possession of the suit land by way of specific performance of contract, granted him a decree for a sum of Rs. 10,600/- with costs. Aggrieved by the same, the defendant filed the appeal.