SARWAN SINGH Vs. DHANWANT SINGH

JUDGEMENT

(1.) Defendant Sarwan Singh has filed this second appeal. Suit was filed by respondent-plaintiff Dhanwant Singh against defendant-appellant for specific performance of agreement to sell dated 07.07.2003. Plaintiff alleged that the defendant agreed to sell the suit land measuring 1 bigha 18 biswas 2 biswansis to the plaintiff@ Rs. 2,50,000/- per acre and received Rs. 1,42,500/- as earnest money and executed the aforesaid agreement. The plaintiff always remained ready and willing to perform his part of contract but the defendant committed breach thereof, necessitating filing of the suit.

(2.) Defendant broadly denied the plaint averments. Defendant denied having agreed to sell the suit land to the plaintiff or having received any earnest money or having executed the impugned agreement. The defendant pleaded that impugned agreement is result of fraud and misrepresentation.

(3.) The defendant alleged that he had taken loan of Rs. 1,26,000/- from the plaintiff and had given 1 acre land to plaintiff for cultivation in lieu of interest on amount of Rs. 60,000/- out of the loan amount and had agreed to repay the balance loan amount of Rs. 66,000/- with interest @ 2.5% per month within one year. The defendant approached the plaintiff for repayment of the loan amount but the plaintiff put off the matter on one pretext or the other and ultimately filed this suit.