JASGIR SINGH Vs. HARI SINGH

JUDGEMENT

(1.) The defendant is in appeal.

(2.) A suit for specific performance of an agreement to sell dated February 14, 1996 was filed by Hari Singh, plaintiff. It was claimed by him that the defendant is the owner of the land in dispute and he had agreed to sell the same to the plaintiff vide agreement dated February 14, 1996 through his attorney and son Jeet Singh for a consideration of Rs. 1,60,000/-. An earnest money of Rs. 53,000/- was paid by the plaintiff. The remaining sale consideration was to be paid at the time of the execution of the sale deed which was to be executed and registered on or before August 15, 1996. On August 14, 1996 and August 16, 1996, the plaintiff remained present for the whole day in the office of the Sub-Registrar along with the balance sale consideration and the remaining amount for the purchase of stamps etc. but the defendant did not turn up. Accordingly, claiming that the plaintiff was always ready and willing to perform his part of the agreement, he filed a suit for specific performance.

(3.) The defendant contested the suit. He admitted that he is owner in possession of the suit land but denied that Jeet Singh, the attorney and son of the defendant had ever entered into any agreement to sell dated February 14, 1996. In fact the authority of aforesaid Jeet Singh itself was denied. The receipt of any earnest money was also denied.