HARVEL SINGH Vs. RANJIT SINGH & ANOTHER

JUDGEMENT

(1.) Defendant-Harvel Singh who was successful in the trial court but has been unsuccessful in the lower Appellate Court has filed this second appeal.

(2.) Respondents/plaintiffs Ranjit Singh and Sarabjit Singh filed suit against defendant-appellant for recovery of Rs.4,00,000.00 alleging that the defendant agreed to sell land measuring 1 kanal 10 marlas comprised of khasra Nos.84 to 87 to the plaintiffs vide agreement dated 29.07.1999 @ Rs.15,000.00 per marla and received Rs.2,00,000.00 as earnest money but later on, it turned out that defendant was not owner of the aforesaid land. Accordingly plaintiff claimed refund of Rs.2,00,000.00 as earnest money and also claimed Rs.2,00,000.00 as damages.

(3.) The defendant broadly denied the plaint averments. The defendant denied having ever entered into the impugned agreement or having received Rs.2,00,000.00 as earnest money. The defendant also pleaded that he had agreed to moretage his other land measuring 2 kanals 5 marlas out of khasra Nos.9//18 (8-0) and 83 (1-19) with the plaintiff for Rs.20,000.00 and for execution of mortgage deed, plaintiffs brought the defendant to Tehsil compound on 24.08.1999, but instead of getting mortgage deed, the plaintiffs obtained sale deed from the defendant regarding the said 2 kanals 5 marlas land in favour of plaintiff No.1 and mother of plaintiff No.2 for consideration of Rs.1,25,000.00 although plaintiffs paid Rs.20,000.00 only to the defendant. On coming to know of the said fraud, the defendant gathered respectables and thereupon the said two kanals 5 marlas land was retransferred to defendant's wife Charan Kaur vide registered sale deed dated 21.10.1999 and mortgage money was refunded to the plaintiffs.