SWARANJIT SINGH Vs. JATINDER KUMAR

JUDGEMENT

(1.) The bare relevant facts are that a suit for specific performance of agreement to sell dtd. 27/9/2007 was executed in respect of land measuring 25 kanals and 06 marlas @ Rs.6,00,000.00 per acre. The defendant received earnest money amounting to Rs.05,50,000.00 and executed a separate receipt. Registered sale deed was to be executed on or before 26/9/2008 on payment of the balance sale consideration. The defendant failed to abide by the agreement and thus, the suit was instituted with the averment that the plaintiff was always ready and willing to perform his part of the contract, but the defendant has backed out therefrom. Prior to the institution of the suit, a legal notice was also sent.

(2.) The defendant was proceeded against ex parte and the suit was decreed vide ex parte decree dtd. 20/3/2012. The said decree was set aside by the First Appellate Court vide order dtd. 19/7/2016. Thereafter, the defendant appeared on 16/8/2016 and filed his written statement.

(3.) The execution of agreement to sell dtd. 27/9/2007 was denied. Receipt of earnest money was also denied. It was averred that the agreement to sell was a fraudulent and fabricated document and was the result of collusion between the scribe, alleged witnesses and the plaintiff. Fabrication is apparent on the record as the signature alleged to be that of the defendant is in Punjabi script. The defendant does not sign in Punjabi script. Receipt of notice was also denied.