GURVINDER KAUR Vs. SOHAN SINGH

JUDGEMENT

(1.) RESPONDENT No. 1 filed the instant suit for possession of the suit land by way of specific performance of an agreement to sell dated 10.6.2005 against the appellant as well as other respondents stating that defendant No. 1/respondent No. 2 entered into an agreement to sell dated 10.6.2005 with him for sale of suit land measuring 15 kanals 12 marlas @ Rs.5 lacs per acre and received a sum of Rs.1 lac as earnest money. The date for registration of the sale deed was fixed as 30.11.2005. Plaintiff -respondent No. 1 remained present in the office of the Sub Registrar along with remaining sale consideration as well as other expenses. Thereafter, the plaintiff -respondent No. 1 served a legal notice dated 14.3.2006 upon defendant No. 1/respondent No. 2 and called upon him to execute and register the sale deed in his favour on 17.4.2006. However, on 17.4.2006, defendant No. 1/respondent No. 2 did not turn up for execution of the sale deed. It is the further case of plaintiff -respondent No. 1 that defendant No. 1/respondent No. 2 transferred the suit land vide two sale deeds dated 25.5.2006 and 26.5.2006 in favour of the appellant and defendant/respondents No. 3 and 4 which were illegal having no effect on the rights of plaintiff -respondent No. 1 and thus, necessity arose to file the instant suit.

(2.) UPON notice, appellant as well as defendant No. 1/respondent No. 2 appeared whereas defendant/respondents No. 3 and 4 did not appear and were proceeded against ex parte vide order dated 23.5.2007. Defendant No. 1/respondent No. 2 filed written statement raising various preliminary objections, further stating that he was in need of money for domestic purposes and thus, he borrowed a sum of Rs.1 lac from plaintiff -respondent No. 1 who asked him to execute an agreement/security deed of his land in his favour and thus, he received a sum of Rs.1 lac from the plaintiff -respondent and as a security of which the plaintiff got a security deed/agreement in his favour in respect of suit land assuring him to return the said agreement/security deed on return of the borrowed amount. Since respondent No. 2 could not manage the repayment of the borrowed amount, he sold the suit land vide sale deeds dated 25.5.2006 and 26.5.2006 and made the payment of Rs.1 lac as principal amount and Rs.20,000/ - as interest to the plaintiff -respondent No. 1 from the sale proceeds received by him. It is also the case of respondent No. 2 that the plaintiff gave a receipt dated 25.05.2006 to him in respect of the amount of Rs.1,20,000/ - wherein it was also mentioned that the agreement for sale of land has been cancelled and in future he will not make any claim against him on the basis of said agreement dated 10.06.2005. It is the further case of defendant No. 1/respondent No. 2 that on payment of the borrowed amount to plaintiff -respondent No. 1, he demanded his security deed/agreement. However, he refused to return the same. All other pleas were denied and dismissal of the suit was prayed.

(3.) NO replication has been filed.