SHAITAN SINGH Vs. NEETU GOYAL

JUDGEMENT

(1.) THE plaintiff -respondent filed a suit for specific performance of the agreement dated 20.10.1995 in respect of the suit property alleging that the defendant -appellant had entered into an agreement to sell his land to the extent of 320/11791 share out of total land measuring 589 kanals 12 marlas comprised in Khewat No. 97 for Rs. 1,20,000/ - and received a sum of Rs. 1,00,000/ - as earnest money. He failed to execute the sale deed within the stipulated period of one year. Though the plaintiff -respondent was ready and is still ready and willing to perform his part of contract, the defendant -appellant did not turn up. Upon notice, the defendant -appellant contested the suit raising various preliminary objections. On merit, he denied the execution of agreement and receipt of the amount. It was further stated in the written statement that husband of the plaintiff -respondent -Om Parkash had a cloth shop in Hatta Bazar, Mohindergarh and he used to take clothes on credit. It has been further averred that if Om Parkash had obtained defendant's signatures and prepared agreement to sell, the same is not binding upon him being based on fraud and misrepresentation.

(2.) AFTER framing of the issues and considering the evidence on record, the trial Court dismissed the suit.

(3.) PARA 10 of the aforesaid judgment reads thus: