AVTAR SINGH Vs. LAKHVIR SINGH

JUDGEMENT

(1.) Defendant Avtar Singh who suffered a decree for specific performance of the agreement for sale before both the Courts below, has come forward with the present appeal.

(2.) Respondent-plaintiff has contended in the plaint that on 3.1.2004, appellant-defendant entered into an agreement for sale of the suit property with the plaintiff and received from him a sum of Rs.9,00,000/- as earnest money. It is further alleged that on 24.6.2004, plaintiff remained present in the office of the Sub Registrar, Nabha, with the balance sale consideration but the defendant did not turn up to perform his part of the contract. His presence at the Registrar's office was marked by getting his affidavit attested by the Executive Magistrate, Nabha. Plaintiff having alleged that the defendant failed to perform his part of the contract, laid the suit for the aforesaid reliefs.

(3.) Defendant contested the suit by filing written statement denying the very execution of the agreement for sale by him to the plaintiff on 3.1.2004. It is alleged by the defendant that the agreement for sale projected by the plaintiff was false, fabricated and forged. Plaintiff was not in a position to pay such a huge amount to the defendant. In other words, the plaintiff had no source of income. Alleging that the agreement for sale produced by the plaintiff was a result of fraud and misrepresentation and that the sale papers of the Trax car owned by the plaintiff were misused, the defendant sought for dismissal of the suit.