DALJIT SINGH Vs. JASWINDER SINGH

JUDGEMENT

(1.) This is defendant's second appeal challenging the judgments and decrees of the Courts below whereby suit of the plaintiff-respondent for specific performance of agreement to sell dated 19.11.2007 for the sale of land, as detailed in the head note of the suit, has been decreed by the trial Court and further upheld by the First Appellate Court.

(2.) Suffice is to say that the appellant had denied the execution of the agreement in question and has taken a defence that the agreement in question is the result of fraud and misrepresentation. According to the appellant, he had given two stamp papers of the value of Rs.300/- each to Major Singh witness of the alleged agreement to sell with his signatures for standing surety for getting refund of amount from a recording Company and now Major Singh has prepared the false and forged agreement in connivance with the plaintiff and has attested the said agreement as witness. He has also further stated that Major Singh had also prepared another agreement to sell. It is the further case of the appellant that he neither agreed to sell the suit land nor received the earnest money. Thus, the suit was liable to be dismissed.

(3.) From the pleadings of the parties, the following issues were framed by the trial Court: