JAMAL Vs. NARESH KUMAR

JUDGEMENT

(1.) The appellant-defendant (appellant herein) is in Regular Second Appeal against the judgment and decree dtd. 1/11/2014 passed by learned Additional District Judge, Nuh, whereby, an appeal filed against judgment and decree dtd. 28/2/2014 passed by learned Civil Judge (Senior Division), Mewat, dismissing the suit for specific performance filed at the instance of respondent-plaintiff, has been allowed.

(2.) Facts leading to the present appeal are that the respondentplaintiff (respondent herein) filed a suit for possession by way of specific performance with the averments that an agreement to sell dtd. 30/10/2009 was executed between the parties regarding the suit land measuring 5 kanals. It has been stated in the plaint that the total sale consideration was Rs.25.00 lakhs, out of which, an amount of Rs.8,50,000.00was paid as earnest money and remaining sale consideration of Rs.16,50,000.00 was agreed to be paid at the time of registration of sale deed i.e. 15/9/2010. It has been further stated that on 14/9/2010 i.e. one day prior to the target date, the respondent-plaintiff approached appellantdefendant for execution of sale deed on 15/9/2010, however, the appellant- defendant showed his bonafide inability to appear before the Registrar on 15/9/2010 and requested for fixing of some other date in this regard. It has been further submitted that a legal notice dtd. 25/4/2012 was served upon the respondent-plaintiff calling upon him to pay the balance sale consideration and get the sale deed executed, however, the needful was not done by the appellant-defendant, accordingly, a suit for specific performance was filed on 14/6/2012.

(3.) The appellant-defendant appeared and filed his written statement controverting the pleadings set-up by the respondent-plaintiff. In the written statement, it was submitted that in fact, no agreement to sell as alleged, was ever executed between the parties and the same was just a loan transaction and for the said purpose his thumb impression on certain blank papers and blank cheques were obtained by the respondent-plaintiff.