MUKHTIAR SINGH Vs. SARBAN SINGH

JUDGEMENT

(1.) THIS is plaintiff's regular second appeal against the judgment and decree dated 24.5.2012 passed by learned Civil Judge [Junior Division], Moga and judgment and decree dated 18.5.2013 passed by learned Additional District Judge, Moga. Mukhtiar Singh, the plaintiff -appellant brought a suit for possession by way of specific performance of agreement of sale dated 20.3.2009 executed by the defendant in his favour in respect of land measuring 24 kanals. His case is as under:

(2.) THE defendant agreed to sell the land in question in favour of the plaintiff vide agreement dated 20.3.2009. The defendant received earnest money in a sum of Rs. 10,00,000/ - from the plaintiff in the presence of the witnesses. The sale deed was to be executed on or before 15.5.2009. Defendant had taken a loan of Rs. 5.00 lakhs from Bank of India by mortgaging the suit land and he promised to get the land cleared of the loan. The plaintiff has been ready and willing to perform his part of the contract, but the defendant did not execute the sale deed. He is now said to be bent upon to alienate the suit land to some other person in violation of the terms of the agreement and, hence, the suit.

(3.) THE defendant resisted the suit. He has claimed the agreement to be a false, fabricated and forged document. He denied execution of the alleged document or to have received the earnest money. It is further averred that the plaintiff has manipulated a false story to grab the land of the defendant.