PARMINDER KUMAR Vs. RAM AVTAR

JUDGEMENT

(1.) With the consent of the learned counsel representing the parties, two connected appeals against the order passed by the First Appellate Court remitting the case back to the trial Court shall stand disposed of by this common order.

(2.) In order to comprehend the issue involved in the present case, the relevant facts, in brief, are required to be noticed.

(3.) The appellant-Sh. Parminder Kumar filed a suit for grant of decree of specific performance of the agreement to sell dtd. 23/3/2005. The suit was contested by defendant No.1, in which he claimed that the agreement to sell dtd. 23/3/2005, was merely a paper transaction. Previously, an agreement to sell dtd. 7/11/2003, regarding the same suit land was executed between the plaintiff and defendant No.1 and the agreement dtd. 23/3/2005, was executed in order to save the stamp duty by reflecting lesser amount of total sale consideration than the actual amount that was spent in the transaction. It was claimed that the agreement to sell dtd. 7/11/2003 was cancelled vide endorsement dtd. 24/4/2008, and therefore, the suit for specific performance of the agreement to sell dtd. 23/3/2005, was not maintainable. Defendant No.2 claimed that she is a bonafide purchaser of the property.