SUKHWINDER KAUR Vs. BHURA SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Bhura Singh had brought a suit against defendant Mohinder Singh, seeking possession of the suit property by way of specific performance of agreement to sell dtd. 30/4/2005 besides seeking permanent injunction restraining the defendant from alienating the suit property in any manner to some other person except the plaintiff. As per the case of the plaintiff, defendant being owner in possession of the suit property had agreed to sell the same with the plaintiff on 30/4/2005 for a sum of Rs. 1,55,000.00 receiving Rs. 1,00,000.00 as earnest money and the stipulated date to execute the regular sale deed was fixed as on or before 1/12/2005 on payment of remaining consideration amount. According to the plaintiff, he has always been ready and willing to perform his part of contract and on 1/12/2005, he along with Harnek Singh, Lumberdar remained present in the office of Sub Registrar, Dhuri to get the sale deed executed but the defendant did not turn up, therefore the transaction could not be completed; thereafter the plaintiff requested the defendant several times to come forward to execute the sale deed in favour of the plaintiff as per the terms and conditions of the agreement but he put off the matter, giving rise to a cause of action to the plaintiff to bring the suit in question.

(2.) On notice, the defendant appeared and filed written statement contesting the suit contending that the agreement set up by the plaintiff is result of fraud and misrepresentation as well as without consideration; the rate of the property in the village is more than Rs. 1,85,000.00 per bigha, therefore question of entering into agreement for selling the land for a sum of Rs. 1,55,000.00 did not arise. The defendant prayed for dismissal of the suit.

(3.) On the pleadings of the parties, following issues were framed: