GURDEEP KAUR Vs. JASWINDER KAUR AND OTHERS

JUDGEMENT

(1.) Gurdeep Kaur one of the legal heirs of the deceased 1st defendant Sohan Kaur preferred the present appeal challenging the concurrent judgments of the Courts below decreeing the suit filed by the plaintiff praying for specific performance of the agreement for sale.

(2.) The plaintiff Jaswinder Kaur would contend in the plaint that the 1st defendant Sohan Kaur having agreed to sell the suit property for the total consideration of Rs. 72,000.00 received a sum of Rs. 10,000.00 as earnest money and executed the agreement for sale on 28.8.1999, contemplating execution of the sale deed within six months from the date of the agreement. It is further alleged that the 1st defendant having fabricated a bogus agreement for sale dated 7.7.1999, as though the 1st defendant had entered into an agreement for sale with the 2nd defendant as on 7.7.1999 executed a sale deed with respect to the major portion of the disputed property to the 2nd defendant under the sale deed dated 7.10.1999. It is further stated that the plaintiff has been in possession and enjoyment of the property by virtue of the agreement for sale dated 28.8.1999. Having thus pleaded the plaintiff sought for specific performance of the agreement for sale.

(3.) The 1st defendant contended in her written statement that the agreement for sale dated 28.8.1999 was fabricated by the plaintiff taking advantage of the blank papers with the signatures of the 1st defendant she had. She denied the receipt of Rs. 10,000.00 as earnest money. It is her further plea that she infact executed an agreement for sale dated 7.7.1999 in favour of the 2nd defendant and having received sale consideration from her executed the sale deed on 7.10.1999. The 1st defendant sought for dismissal of the suit. The 2nd defendant took a plea that she was a bonafide purchaser for valuable consideration.