SURJIT SINGH Vs. MANMOHAN SINGH

JUDGEMENT

(1.) PLAINTIFF -respondent filed the instant suit for possession by way of specific performance of agreement to sell dated 30.10.2001, in respect of the suit land, executed between him and the appellant, on the averments that the appellant had agreed to sell the suit land @ Rs.1,50,000/ - per killa and received Rs.3 lacs as earnest money and executed the agreement in question in the presence of witnesses, further agreeing to execute the sale deed on 27.9.2002 on receipt of the balance sale amount. It is the further case of the plaintiff -respondent that he was ready and willing to perform his part of the contract and he was present in the office of Sub Registrar, Ghanaur with the balance sale consideration and the amount of expenses on the stipulated date, but the appellant failed to turn up. Thereafter, plaintiff -respondent served a Legal Notice upon the defendantappellant on 23.1.2003 asking him to come present in the office of Sub Registrar on 20.2.2003, but the appellant did not come present. Hence, the suit.

(2.) UPON notice, appellant appeared and filed his written statement, raising various preliminary objections. It was averred on behalf of the appellant that he is a transporter and the plaintiffrespondent is a financer who generally finances the transport business. The appellant had taken loan of Rs.2,50,000/ - for remodelling of the truck No.HR -37 -5785, which was damaged in an accident and the respondent, in order to secure the loan, got a pronote and receipt executed in his favour from him and also obtained his thumb impression on different stamp papers. It was further averred by the appellant that he never agreed to sell his agricultural land and thus, the alleged agreement to sell dated 30.10.2001 is the result of fraud and misrepresentation played by the respondent. Appellant could not pay the loan amount along with interest and thus, a pronote and receipt for Rs.3 lacs were executed on 30.10.2001 after adding the amount of interest. The respondent took signatures of the appellant on blank papers and had filed the instant suit with mala fide intentions. Appellant has already paid the loan amount along with interest i.e. Rs.3,75,000/ - in the presence of witnesses and nothing is due. The present suit has been filed to grab the agricultural land of the appellant as he never agreed to sell his land and thus, the same is liable to be dismissed.

(3.) ON the basis of pleadings of the parties, following issues were framed: -