LAWS(P&H)-2012-8-11

KURSHID AKBAR Vs. KALIA RANI

Decided On August 03, 2012
KURSHID AKBAR Appellant
V/S
KALIA RANI Respondents

JUDGEMENT

(1.) Defendant-Khurshid Akbar having failed in both the Courts below has filed this second appeal. Respondent-plaintiff-Kalia Rani filed suit against defendant-appellant for possession of suit house, which is old house in the shape of khola, by specific performance of agreement to sell dated 13.12.2000 with consequential relief of permanent injunction. The plaintiff alleged that the defendant agreed to sell the suit property to the plaintiff for Rs. 90,000/- and received Rs. 30,000/- as earnest money and executed agreement dated 13.12.2000 and sale deed was to be executed on 15.01.2001. Prior to the said date, plaintiff served notice on the defendant for executing the sale deed. The plaintiff remained present in the office of Sub-Registrar on 15.01.2001 with requisite amount to get the sale deed executed in terms of the agreement but the defendant did not turn up and committed breach of the agreement although the plaintiff has always been ready and willing to perform his part of the contract.

(2.) The defendant denied the plaint averments. He denied having agreed to sell the suit house to the plaintiff or having executed the impugned agreement or having received Rs. 30,000/- as earnest money. The defendant pleaded that on 13.12.2000, he approached plaintiff's husband for loan of Rs. 15,000/- which the defendant would have required if matrimonial match of his daughter would have been finalized. While advancing the said loan, plaintiff's husband obtained signatures of defendant on 2-3 blank stamp papers as security. Since match of defendant's daughter was not finalized, the defendant returned the borrowed amount of Rs. 15,000/- to the plaintiff and demanded back the blank signed stamp papers. The plaintiff told that the same were with her husband who was not present at home at that time and the same would be returned later on. However, the plaintiff and her husband did not return the said papers and forged the impugned agreement thereon. The defendant even filed suit for permanent injunction restraining the plaintiff and her husband from dispossessing the defendant forcibly from the suit property and also for return of the blank signed stamp papers. Various other pleas were also raised.

(3.) Learned Civil Judge (Junior Division), Yamuna Nagar at Jagadhri vide judgment and decree dated 03.09.2008 decreed the plaintiff's suit. First appeal preferred by defendant has been dismissed by learned District Judge, Yamuna Nagar vide judgment and decree dated 13.09.2009. Feeling aggrieved, defendant has filed this second appeal.