GULKANDI Vs. CHANDER SINGH

JUDGEMENT

(1.) The present appeal has been filed by the defendant against the concurrent findings of the Courts below whereby the suit for specific performance of the agreement to sell dated 6.12.2005 has been decreed.

(2.) The case of the plaintiff was that an agreement to sell dated 6.12.2005 was entered in his favour for a total sale consideration of Rs.3,65,000/- and a sum of Rs.1,00,000/- was received as part payment from the plaintiff against proper receipt. The sale deed was to be executed and got registered on or before 10.3.2006 and on that date plaintiff reached the office of Sub-Registrar, Ballabgarh alongwith balance sale consideration but defendant did not reach there. The presence of the plaintiff was marked through affidavit and it was alleged that he was ready and willing to perform his part of the contract. Thereafter, a legal notice dated 21.3.2006 (Ex.P5) had been sent to the defendant.

(3.) Defendant in her written statement took various objections including maintainability; locus standi; and cause of action etc. and denied that the agreement had been entered into in favour of the plaintiff. It was alleged that she had taken a loan of Rs.50,000/- from the plaintiff on the said date and on that pretext, plaintiff had obtained her thumb impression on certain blank papers, stamp papers and also on papers with revenue stamps. The interest was settled at the rate of 18% per annum and loan was to be repaid within one year i.e. upto 6.12.2006. Subsequently, defendant came to know that plaintiff had prepared a sale agreement on the basis of documents which were got thumb marked by the plaintiff from the defendant at the time of getting loan of Rs.50,000/-. Defendant alleged that she was an illiterate lady and she did not know what was executed by the plaintiff on the said blank papers.