SHER SINGH Vs. ISHAR SINGH

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below in a suit for specific performance of the agreement to sell dated 21.05.1993, whereby suit stands decreed.

(2.) The plaintiff-respondent filed a suit for specific performance of the agreement to sell dated 21.05.1993 in respect of house after receiving the remaining sale consideration of Rs. 97,050/-. The assertion of the plaintiff is that the defendant agreed to sell the house in question for Rs. 1,27,050/- and received Rs. 30,000/- as earnest money. As per agreement to sell, the sale-deed was to be executed on or before 31.8.1993 after receiving the remaining sale consideration. The plaintiff remained present in the office of the Sub-Registrar on 1.9.1993 (31.8.1993 being declared holiday) alongwith remaining consideration, but the defendant did not appear for the purpose of execution of the sale-deed. It is, thereafter, the suit for specific performance was filed on 22.9.1993.

(3.) The defendant contested the suit and alleged that the agreement to sell is forged and fabricated one and that the defendant never entered into an agreement to sell the house in question. It was asserted that if any thumb impressions of the defendant exist on the agreement, the same might have been obtained in his intoxicant condition.