DARSHAN SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) THE defendant/appellant is in second appeal before this Court. Briefly noticed, the plaintiff/respondent instituted a suit for possession by way of specific performance in respect of agreement to sell dated 27.05.2002 stated to have been executed between him and the defendant for sale of land measuring 16 kanals. It was pleaded that the total sale consideration was agreed at the rate of Rs. 3,60,000/ - and a sum of Rs. 2,65,000/ - had been paid as earnest money by the plaintiff to the defendant in the presence of marginal witness as well as the scribe of the agreement to sell. The last date for execution of the sale deed was stipulated as 27.05.2003. It was pleaded that the plaintiff had all along been ready and willing to perform his part of contract and even on the stipulated date i.e. on 27.05.2003, he had remained present before the Sub -Registrar, Zira. The defendant had not come present and finally, in the evening, the plaintiff had got his presence marked in terms of moving an application. On such circumstances, the suit had been instituted.

(2.) THE suit was contested by the defendant in terms of filing of a written statement stating that the property in dispute was ancestral property and as such could not have been the subject matter of the agreement to sell in question. The defendant took up a stand that he is an alcoholic, who was even addicted to drugs. For the sake of indulging in such activities, he used to take money from different people, who obtained his thumb impressions on blank stamp papers and used to advance amount of Rs. 500/ - to Rs. 1000/ -. It was pleaded that the agreement to sell is a forged and fabricated document. The defendant had in fact taken a sum of Rs. 15,000/ - from the plaintiff but the agreement to sell has been manipulated and prepared for a sum of Rs. 3,60,000/ -. Still further, the defendant stated that he had already mortgaged the suit land in favour of Punjab Agricultural Development Bank for a sum of Rs. 2,06,000/ - and an entry to such effect was there in the copy of jamabandi for the year 1999 -2000.

(3.) THE trial Court decreed the suit in favour of the plaintiff for specific performance of agreement to sell dated 27.05.2002 alongwith possession of the suit land and the defendant was directed to execute the sale deed in favour of the plaintiff upon receiving the balance sale consideration. Defendant/appellant aggrieved by the same filed appeal and the same has been dismissed vide judgment dated 24.05.2010 passed by District Judge, Ferozepur. Accordingly, the defendant/appellant is in second appeal before this Court.