SANTOKH SINGH Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) Defendants Santokh Singh and Jagroop Singh having failed in both the Courts below have filed this second appeal.

(2.) Suit filed by respondents/plaintiffs for specific performance of agreement to sell. The plaintiffs alleged that defendants and their two other brothers are cosharers in 137 Kanals 10 Marlas land in equal shares. The defendants agreed to sell 24 Kanals 16 Marlas being 496/866 share of 43 Kanals 6 Marlas land out of the aforesaid joint land, to plaintiffs for Rs. 6,20,000/- and received Rs. 4,00,000/- as earnest money and executed agreement to sell dated 17.11.2004. Plaintiffs have always been ready and willing to perform their part of the contract, but defendants committed breach thereof. Accordingly, plaintiffs sought specific performance of the agreement to sell with consequential relief of permanent injunction restraining the defendants from alienating the suit land. In the alternative, plaintiffs claimed recovery of Rs. 6,20,000/-.

(3.) Defendants broadly denied the plaint averments. They denied having agreed to sell the suit land to the plaintiffs or having received any earnest money or having executed the impugned agreement. The defendants alleged that they are addicted to liquor. Taking advantage of said weakness of the defendants, the plaintiffs brought the defendants to Court complex and made them to drink heavily and under intoxication, thumb impressions of defendants were obtained on blank papers by the plaintiffs in collusion with attesting witnesses thereof. The impugned agreement is forged and fabricated.