GIAN CHAND Vs. KULWANT RAI

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 21.7.2009 passed by the Appellate Court accepting the appeal filed by the respondent and modifying the judgment and decree dated 28.5.2008 passed by the trial court.

(2.) The facts relevant for disposal of the present appeal are that as per case set up by the respondent-plaintiff, the appellant-defendant entered into an agreement dated 17.4.1998 for sale of the property in question for consideration of Rs. 10,00,000/- and an amount of Rs. 4,50,000/- was paid to the defendant at the time of agreement and the sale deed was agreed to be executed on or before 30.4.1999. He always remained ready and willing to perform his part of the agreement and for this purpose, he remained present in the office of the Sub Registrar, Nawan Shahr along with balance sale consideration till 5-00 p.m. on 30.4.1999. As the defendant did not turn up for execution/registration of the sale deed, he got an affidavit attested in regard to his presence. Thereafter, he kept on requesting the defendant to execute the sale deed but the defendant remained postponing the matter on false pretext.

(3.) The defendant-appellant filed written statement seriously contesting the claim of the plaintiff. By way of preliminary objections, he challenged the maintainability of the suit; agreement being a forged and fabricated document and plaintiff is estopped from filing the suit. He altogether denied the averments in regard to execution of agreement to sell, receipt of earnest money and his liability to get the sale deed registered in favour of the plaintiff. It is further averred that the agreement is the result of fraud, misrepresentation and active concealment on the part of the plaintiff. He is an NRI, residing in UK, was never in need of money, suffering from schizophrenia and remained under constant treatment of Dr. J.S. Warrington and by taking undue advantage of his said mental state, plaintiff obtained his signatures on some blank papers with the help of scribe and witnesses to the alleged agreement. He used to get wood work done from Hari Dev, Timber Merchant, Nawan Shahr. His signatures might have been obtained by the plaintiff during one of his visits to the said shop. The house in dispute is worth Rs. 50,00,000/- and there was no occasion for him to sell the same at such a throw away price.