SARABJIT SINGH Vs. SARJIWAN KUMAR

JUDGEMENT

(1.) Main Case :

(2.) The defendant-petitioner, in his application, alleged that in fact, both the parties as well as Jagtar Singh and Baljinder Singh were jointly carrying on business as Property Dealers and they used to purchase and sell land to earn profits by entering into agreement. In this process, agreement of the aforesaid land was entered into with Mohinder Singh etc. in favour of Jagtar Singh and earnest money of Rs.7,00,000/- was paid to vendors Mohinder Singh etc. by both the parties herein along with Jagtar Singh and Baljinder Singh jointly, although agreement was in favour of Jagtar Singh only. Subsequently, Jagtar Singh agreed to sell the land to Baljinder Singh, who further executed agreement thereof in favour of the defendant.

(3.) However, no money exchanged hands vide these subsequent agreements. In January 2006, dispute arose between the partners and the defendant demanded his share in the earnest money. Thereupon, his share in the earnest money was paid after obtaining his signatures on blank stamp papers, which had been used to prepare the impugned agreement by the plaintiff. It was also alleged that plaintiff had lodged FIR, in which plaintiff has effected compromise with Jagtar Singh and Baljinder Singh. On these averments, defendant sought impleadment of Jagtar Singh and Baljinder Singh as party defendants no.2 and 3 to the suit.