SHINGARA SINGH Vs. INDERJIT SINGH

JUDGEMENT

(1.) THIS is defendant's second appeal challenging the judgments and decrees of the Courts below in a suit for possession by way of specific performance of the agreement in question.

(2.) PLAINTIFF -respondent No.1 filed the instant suit against the appellant and respondent No.2 stating that the appellant had executed an agreement to sell dated 4.5.1999 with respect to the suit land at the rate of Rs. 1,50,000/ - per acre and had received a sum of Rs. 1,62,000/ - as earnest money. According to the plaintiff -respondent No.1, defendant -appellant had agreed to execute the sale deed on or before 5.7.1999. However, on that day, he remained present in the office of Sub Registrar whereas appellant did not turn up for execution of the sale deed in his favour. Thus, necessity arose to file the instant suit.

(3.) UPON notice, appellant filed written statement raising various preliminary objections. It was averred that plaintiff was money lender and had filed the instant suit just to harass the appellantdefendant.