SHAM SINGH Vs. GURDEEP SINGH

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit for specific performance of the agreement to sell dated 09.07.1990 was decreed by the learned trial Court on 21.08.1993 and such decree was maintained by learned first Appellate Court on 06.03.1997.

(2.) The plaintiff-respondent filed a suit for possession of specific performance of the agreement to sell dated 09.07.1990 on the ground that the defendant (the present appellant) agreed to sell House No.349, Phase III-B-I, SAS, Nagar, Mohali for a sum of Rs.3,50,000/-. A sum of Rs.40,000/- was given as earnest money by the plaintiff to the defendant and the sale deed was to be executed on 10.10.1990. The plaintiff claims to have reached the office of SubRegistrar on the date fixed for execution of the sale deed but the defendant did not appear. In view of the said fact, the plaintiff filed the present suit for specific performance on 27.10.1990.

(3.) In the written statement, the defendant denied the execution of the agreement and receipt of sum of Rs.40,000/- from plaintiff. It is contended that the plaintiff had been a good friend of the defendant and had been helping him in financial matters. The plaintiff has been giving some money on loan to the defendant and the plaintiff received the same with interest. It is further stated that defendant never borrowed any money from him but he has been meeting the plaintiff considering him to be his well wisher and it is just possible that the plaintiff might have obtained the signature of the defendant when he was under the influence of liquor.