MOHINDER SINGH Vs. RAMESHWAR KUMAR SINGLA

JUDGEMENT

(1.) MOHINDER Singh defendant owned agricultural land measuring 6 bighas 5 biswas comprised in Khasra No. 90 situated in village Salempur vide agreement dated 11. 7. 1983. He agreed to sell the same at the rate of Rs. 4000/- per bigha in favour of the plaintiffs and received Rs. 18500/- as earnest money. The sale deed was agreed to be executed on 30. 11. 1983. Since the defendant failed to execute the sale deed, the plaintiff filed Civil Suit No. 18 of 09. 1. 1986 for a decree of possession of the suit land by specific performance of agreement to sell dated 11. 7. 1983. The defendant contested the suit. He denied the execution of the sale deed and receipt of the earnest money by him. The agreement to sell in question was alleged to be a forged document.

(2.) THE parties fought the litigation on the following two issues :1. Whether the defendant executed an agreement to sell dated 11. 7. 1983 and received Rs. 18,500/- as earnest money? OPP.

(3.) FEELING aggrieved, the defendant filed Civil Appeal No. 70 of 1987 which was heard by District Judge, Sangrur, who vide her judgment dated 18. 1. 1988 dismissed the same.