RAM PHAL Vs. INDER SINGH

JUDGEMENT

(1.) Defendant is in second appeal. For convenience, parties hereinafter are referred to by their original position in the suit i.e. the appellant as defendant and respondent as the plaintiff.

(2.) Plaintiff filed suit for possession by way of specific performance of an agreement to sell dtd. 25/2/2015 claiming the defendant agreed to sell suit land as detailed in para No.1 of the plaint in his favour for valuable consideration of Rs.13,12,500.00. Out of total sale consideration, Rs.10.00 lakh was paid as earnest money. Rs.7,82,000.00 was paid by way of cheque and Rs.2,18,000.00 in cash. Both the parties agreed to get the sale deed executed on or before 24/11/2015. Plaintiff further claimed that on the appointed day i.e. 24/11/2015, plaintiff remained present in the office of Sub-Registrar with balance sale consideration and the expenses of registration. However, defendant failed to turn up. Suit was instituted on 22/3/2017.

(3.) Suit was contested by the defendant who denied execution of the agreement to sell. It was claimed that the agreement to sell is a result of fraud and forgery. Though receipt of amount by way of cheque was admitted, but receipt of cash amount was denied. It was further claimed by the defendant that he availed loan from the plaintiff. As a security, plaintiff asked for his signed blank stamp papers. Defendant agreed to repay sum of Rs.7,82,000.00 by 25/2/2017 alongwith lump sum interest of Rs.2,18,000.00. It is those blank papers which are being misused by the plaintiff. Defendant further claimed that the transaction being a loan is evident from the fact that an amount of Rs.2.00 lakh was paid back to the plaintiff by a cheque dtd. 5/8/2015 by the defendant. On the basis of pleadings, Trial Court framed following issues:-