SITA RAM Vs. OM PARKASH

JUDGEMENT

(1.) CM No. 635 -C of 2012:

(2.) PLAINTIFF Sita Ram, having failed in both the courts below, has filed the instant second appeal. Plaintiff -appellant filed suit against defendant -respondent Om Parkash for specific performance of the agreement to sell dated 20.02.2005 and in the alternative, for recovery of Rs. 44,400/ - as compensation for breach of contract.

(3.) THE defendant denied the plaint allegations broadly. He denied having executed impugned agreement. It was alleged that if the agreement is found to have been signed by him, his signatures were obtained thereon by fraud and misrepresentation. Only defendant's brothers and sisters wanted to sell their land and defendant was asked to sign the papers for smooth execution of the sale deed by his brothers and sisters. It was also alleged that suit is barred by limitation. Various other pleas were also raised.