MANJIT KAUR Vs. GURJIT SINGH

JUDGEMENT

(1.) The appellant is defendant no.1. She assails the correctness of the concurrent findings of fact arrived at by both the Courts below. The plaintiffs (respondents) filed a suit for specific performance of the agreement to sell dtd. 27/4/2011. It is the case of the plaintiffs that the appellant executed an agreement to sell dtd. 27/4/2011 with respect to a plot measuring 200 Sq. Yds. on the basis of Form No.1776, dtd. 20/4/2011, on receipt of Rs.6,00,000.00 as earnest money out of the total sale consideration of Rs.10,00,000.00. The remaining installments as well as the loan amount was to be paid by the plaintiffs. As per the agreement to sell, the sale deed was to be executed and registered on 29/8/2011.

(2.) The defendant contested the suit while asserting that there was no agreement to sell and if there exists any, the same is a result of fraud.

(3.) Before the trial Court, the plaintiffs examined Sh. Gurjit Singh, one of the plaintiffs as PW1, PW2 Baljit Singh, witness of the agreement to sell dtd. 27/4/2011, PW3 Gurdev Singh, another witness to the agreement to sell (Ex.P1), PW4 Kranti K Sharma, Handwriting and Fingerprint Expert and PW5 Amit Singh, an official from the State Bank of India to prove their case.