JANAK DEVI Vs. JAGJIT SINGH AND ORS.

JUDGEMENT

(1.) THIS regular second appeal has been filed against the judgment and decree dated 29.3.2012 passed by the appellate court whereby the judgment and decree dated 24.4.2010 passed by the Civil Judge (Sr. Division), Ambala was set aside and the suit of the plaintiff -respondents for specific performance of agreement to sell dated 27.9.2004 with regard to 61 Bigha 16 Biswas of land situated in village Saha, Tehsil and District Ambala, was decreed.

(2.) PLAINTIFFS Jagjit Singh and Gurmeet Singh (respondents No. 1 and 2 herein) filed the suit seeking specific performance of agreement to sell dated 27.9.2004 alleged to have been executed by Janak Devi appellant in their favour for the sale of her 61 Bigha 16 Biswa of land for a sum of Rs.54,84,000/ -. It was alleged that she received a sum of Rs. 10 lacs under the agreement from the plaintiffs -respondents in the presence of her son and witnesses. The defendant No. 2 -respondent No. 3 the only son of appellant had also signed the agreement in presence of her mother. The sale deed was to be executed on or before 30.6.2005 and the balance sale consideration was payable before the Joint Sub Registrar, Saha at the time of execution and registration of sale deed. Defendant No. 1 had taken loan of Rs. 4.00 lacs from Indian Bank, Boh Branch, Ambala as security created equitable mortgage of land measuring 16 Bigha 0 Biswa in favour of the Bank and this amount along with interest was to be adjusted in the sale consideration payable at the time of registration of the sale deed.

(3.) THE appellant contested the claim of plaintiffs in the written statement and denied the execution of the agreement dated 27.9.2004 alleging the same as false and fabricated document created by plaintiff/respondents in collusion with defendant No. 2 -respondent No. 3. It was pleaded that the appellant was an old, illiterate and rustic lady who cannot read or write Hindi or Punjabi. The land in dispute is a very fertile land situated near to the Industrial Growth Centre, Saha and is just 2 kms away from the main road having very good approach road which is 22 feet wide. The value of land had further increased due to its proximity with Engineering College established in the year 2002. There was no occasion for the appellant to sell this valuable land measuring 15.5 killa for a paltry sum of Rs. 54.80 lacs. She also denied the receipt of Rs. 10 lacs as alleged in the agreement to sell and pleaded that her son Gulshan Chauhan is spendthrift and drunkard person and plaintiffs usually visit his shop at Saha. The appellant had weak eye sight and she did not visit Ambala on 27.9.2004 to execute the agreement. She also denied the receipt of alleged legal notice dated 25.5.2005 and 16.6.2005 or any other notice thereafter.