HUKAM CHAND Vs. JODHA RAM

JUDGEMENT

(1.) THE defendant is in appeal.

(2.) THE plaintiff filed a suit for specific performance pleading that the parties had entered into an agreement dated July 14, 1975 whereby defendant, Hukam Chand, had agreed to sell 16 kanals of land situated in village Gondhi, Tehsil Ballabgarh for a total sale consideration of Rs. 24,000/-. At the time of the execution of the agreement Rs. 2500/- were paid as earnest money. The land in question was already under mortgage for a sum of Rs. 15,000/- with Ganga Lal, father of the plaintiff. It was agreed between the parties that the aforesaid mortgage amount shall be paid by the plaintiff and as such the aforesaid amount was to be adjusted towards the sale consideration. Prior to the agreement, the defendant had raised a loan of Rs. 5,000/- from one Prem Parkash. It was stipulated in the agreement that although the defendant had repaid the aforesaid loan but there was an entry existing qua the attachment of the land for repayment of the loan. Consequently, the parties had agreed that the defendant was to get the aforesaid revenue record corrected and the sale deed was to be executed within one month thereafter. On August, 16, 1976 a further amount of Rs. 740/- was paid towards the sale consideration.

(3.) DEFENDANT appeared and contested the suit. Besides taking some technical pleas, a plea with regard to suit being barred by limitation was also taken. However, on merits of the controversy, the defendant denied the execution of the agreement and receipt of any earnest money.