SWARAN SINGH Vs. KULWINDER KAUR

JUDGEMENT

(1.) The plaintiff Swaran Singh aggrieved by the concurrent judgements passed by the Courts below in a suit laid by him for specific performance of agreement for sale has preferred the present appeal.

(2.) The plaintiff laid the suit alleging that defendant Kulwinder Kaur being the owner in possession of the suit land entered into an agreement for sale of the suit land on 25.2.1982, agreeing to sell the same at the rate of Rs. 7000.00 per acre. Out of the total consideration of Rs. 2,22,250.00, a sum of Rs. 80,000.00 was paid as earnest money by the plaintiff to the defendant at the time of execution of the agreement. Alleging that the defendant did not come to the office of the Sub Registrar on 7.6.1982, the last date fixed for execution of sale inspite of the fact that the plaintiff was ready and willing to perform his part of the contract, the plaintiff sought for specific performance of the agreement for sale.

(3.) The defendant completely denied the execution of the agreement for sale and also the receipt of earnest money. She had contended that the agreement for sale was a forged document, procured and created by the plaintiff with the help and connivance of Karan Singh and Ajaib Singh, the witnesses to the said document and Jagat Ram, the scribe of the said document. Having alleged that a fraud has been played upon her by fabricating such an agreement for sale, the defendant sought for dismissal of the suit.