RAM BABU Vs. JAMSHED

JUDGEMENT

(1.) While assailing the concurrent findings of facts, arrived at by both the Courts below, defendant No.1 and 2 have filed the present appeal.

(2.) The plaintiff (respondent herein) filed a suit for grant of a decree of possession by way of specific performance of the agreement to sell dtd. 2/6/2006. It is his case that the defendants, on receipt of Rs.8,00,000.00 as earnest money out of the total sale consideration of Rs.10,10,000.00, agreed to sell the land measuring 2 biswas (390 square yards) to the plaintiff while agreeing to execute and register the sale deed on 22/8/2007. On the agreed day, the plaintiff attended the office of the Sub Registrar, but the defendants did not show up. The plaintiff, in order to prove his presence, got an affidavit attested from the Sub Registrar.

(3.) The defendants contested the suit alleging that there was no agreement between them and in fact, this agreement is a forged one. The defendants asserted that an affidavit, in token of loan of Rs.95,000.00 which was borrowed with interest @ 2% per annum, was executed. On appreciation of the pleadings, the trial Court has culled out the following issues:-