MOHINDER SINGH Vs. JASVIR SINGH

JUDGEMENT

(1.) The prime question to be determined in this regular second appeal is, "whether the agreement to sell required registration in the light of the provisions of Section 17(1-A) of the Indian Registration Act?" A suit for specific performance was filed by the plaintiff-respondent (hereinafter referred as 'the plaintiff) on the basis of an agreement to sell dated 20.03.2008, executed by the defendant-appellant (hereinafter referred as 'the defendant') in his favour for sale of land measuring 4 Kanals 19 Marlas, as fully detailed in the heading of the plaint. The trial Court decreed the suit on 08.09.2011. Thereafter, the said judgment was agitated in appeal. The first Appellate Court dismissed the same on 08.05.2012. Hence, this regular second appeal.

(2.) The plaintiff has alleged in his suit that after receiving substantial amount of Rs. 2,86,500/- out of the total sale consideration of Rs. 3,71,250/-, the defendant had delivered possession of the suit land to him and the sale deed was to be executed on or before 30.04.2009, after receiving the balance sale consideration. Since the defendant failed to execute the sale deed on the stipulated date, he filed the present suit.

(3.) On the other hand, the case of the defendant is that he never executed any such agreement to sell on 20.03.2008 and the same is the result of fraud and forgery.