LAKHBIR SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) This appeal is filed by defendant no.1 against the judgment and decree of both the Courts below by which suit filed by the plaintiff for possession by way of specific performance of the contract has been decreed.

(2.) The case set up by the plaintiff is that defendant no.1 entered into agreement dated 09.04.2004 with him to sell plot No.448, measuring 500 square yards, Phase-VIII, Focal Point, Industrial Area, Mohali for a sum of Rs. 9,75,000/- and received advance of Rs. 1,00,000/- on the same day. He paid Rs. 3,51,000/- to defendant no.1 on 04.05.2004 and Rs. 20,000/- on 10.05.2004. Thus, out of the total sale consideration of Rs. 9,75,000/-, defendant no.1 received Rs. 4,71,000/- as earnest money and agreed to execute the sale deed on 10.06.2005, after getting No Objection Certificate from the office of defendant no.2. It is further alleged that the plaintiff was always ready and willing to perform his part of the agreement as his Attorney remained present at Tehsil Complex, Mohali on 10.06.2005 along with the balance sale consideration but defendant no.1 did not turn up.

(3.) On the contrary, defendant no.1 denied the execution of the agreement to sell dated 09.04.2004. He also denied receipt of Rs. 1,00,000/- and that the date for execution of the sale deed as was ever fixed as 10.06.2005, rather it is alleged that in the month of January 2002, defendant no.1 contacted Paramjit Singh, proprietor of M/s Sheetal Property, for availing a loan of Rs. 1,00,000/-. Paramjit Singh advanced the said loan, but he obtained his signatures on blank proforma of the agreement to sell. Though defendant no.1 has allegedly returned the borrowed amount to Paramjit Singh but he retained the proforma and converted it into the present agreement to sell in connivance with the plaintiff and the witnesses. He also denied receipt of Rs. 3,51,000/- and Rs. 20,000/-, as alleged by the plaintiff.