JARNAIL SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) Defendant-Jarnail Singh having lost in both the Courts below has filed this second appeal. Suit filed by respondent-plaintiff Gurcharan Singh for possession of suit property by specific performance of agreement to sell dated 12.12.2001 has been decreed by both the Courts below.

(2.) Plaintiff alleged that defendant agreed to sell suit land measuring 9 kanals 9 marlas to the plaintiff for Rs. 2,95,312.50 and received Rs. 2,10,000/- as earnest money and executed the aforesaid agreement. Sale deed was to be executed up to 05.08.2002. The plaintiff always remained ready and willing to perform his part of the contract but the defendant committed breach thereof, necessitating the filing of the suit.

(3.) The defendant broadly denied the plaint averments. He denied having agreed to sell the suit land to the plaintiff or having received earnest money or having executed the alleged agreement. The defendant pleaded that he had approached the plaintiff to arrange loan for the defendant from land mortgage bank and in its garb, the plaintiff by fraud obtained signatures of defendant on alleged agreement.