AMAR NATH AND ANOTHER Vs. HARISH KUMAR

JUDGEMENT

(1.) Plaintiffs Amar Nath and his wife Janak Rani having been nonsuited by the courts below have filed this second appeal.

(2.) Plaintiffs filed suit for possession of the suit property by specific performance of agreement to sell dated 12.2.1999 alleging that the defendant agreed to sell suit property to the plaintiff for Rs. 70,000/- and received Rs. 55,000/- as earnest money and executed the aforesaid agreement and also delivered possession of the suit property to the plaintiffs and took the same on rent vide rent note of even date. Plaintiffs always remained ready and willing to perform their part of the contract but defendant committed breach thereof.

(3.) Defendant controverted the plaint averments and denied having agreed to sell the suit property to the plaintiffs. Defendant, however, pleaded that he had borrowed Rs. 50,000/- as loan from plaintiff no. 1 and his son Pushpinder Bansal to be repaid with interest @ 2.25% per month. Signatures of defendant were obtained on two blank stamp papers of Rs. 15/- each and four white blank papers and three cheques as security. The defendant had been paying interest every month to the plaintiffs and also repaid the principal loan amount of Rs. 50,000/- on 25.7.2000. The blank signed papers were not returned to him. The plaintiffs have fabricated the impugned agreement on blank stamp papers. Various other pleas were also raised.