SOHAN SINGH Vs. SUKHPREET SINGH

JUDGEMENT

(1.) THE genesis of these appeals is an agreement dated 24.07.2004 purported to have been executed by Sohan Singh (vendor) in favour of Sukhpreet Singh and Harjinder Singh (vendees) of the land in dispute @ Rs. 35,000/ - per marla after receiving Rs. 10,00,000/ - as an advance. The sale deed was to be executed on 23.01.2005. Since the target date was a public holiday, the vendees came to the office of the Sub Registrar, Dhilwan on 24.01.2005 with balance sale consideration and expenses but the vendor did not turn up and did not perform his obligation despite legal notice dated 25.02.2005, leading to the filing of the present suit for possession by way of specific performance of the agreement to sell. The suit filed by the vendees was registered as Civil Suit No.97/01.04.2005.

(2.) ON the other hand, the vendor has alleged that he is a small farmer who used to sell his crops to the commission agent Ajit Singh, Ex -Sarpanch of village Dhilwan, who is closely related to the vendees. The vendor took a loan of Rs. 2,87,000/ - on 20.03.2001 from Ajit Singh for the purpose of marriage of his son who, on account of security of the loan advanced, might have got some thumb impressions/signatures of the vendor on some blank papers and lateron, in connivance with the vendees, scribe and the marginal witnesses, prepared two false and forged agreements to sell of the same date of the dwelling house of the vendor; one in favour of the vendees and another in favour of Guru Nachhattar Singh @ Jagga and Sukhbir Singh @ Badal. He alleged that he had never agreed to sell his house or received any advance but a few days ago, he came to know that Ajit Singh has exaggerated the loan amount of Rs. 2,87,000/ - to Rs. 34,07,675/ -. He also alleged that son of Ajit Singh, namely, Rajpal Singh is posted as Superintendent of Police in Punjab Police and Ajit Singh is in the habit of advancing loan to different persons by taking their thumb impressions on blank papers and lateron preparing false and forged agreements to sell in connivance with the marginal witnesses and the scribe. He also made a reference to Nirmal Singh S/o Inder Singh, Makhan Singh Singh S/o Nirmal Singh, Joginder Singh S/o Bela Singh and Bir Singh etc., all residents of village Randhawa, Tehsil and District Kapurthala as some of his victims. He further alleged that he had 12 -14 acres of agricultural land and if he wanted to generate money by alienation of his property, he would not have agreed to sell his residential house which has the market value of Rs. 1,50,000/ - per marla.

(3.) CIVIL Suit No.63/09.04.2005 was filed by the vendor against the vendees besides Ajit Singh Ex -Sarpanch, Raj Pal Singh and Gurnachhattar Singh @ Jagga for seeking a declaration that the agreement to sell dated 24.07.2004 is illegal, null and void and sought permanent injunction to restrain the vendees and others from recovering any amount from him forcibly.