SANTOKH SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment of first appellate court whereby the judgment and decree passed by Additional Civil Judge (Sr. Division), Sultanpur Lodhi allowing alternate relief of recovery of Rs. 1,10,000//- with interest and declining the relief of specific performance of agreement dated 21.6.2001 was set aside and suit of the plaintiff Sukhdev Singh seeking relief of specific performance of agreement to sell was allowed.

(2.) Before proceeding further, it will be relevant to have a look at certain material dates which are as follows :-

(3.) The defendant contested the claim of plaintiff, inter alia, pleading that on 20.6.2001, a mortgage deed of suit land was executed in favour of nephew of plaintiff, namely, Paramjit Singh. The mortgage deed was executed as the defendant had to pay Rs. 1,20,000/- to Hardayal Singh Commission Agent. Out of the amount of Rs. 2 lacs, a sum of Rs. 1,20,000/- was paid to Hardayal Singh and Rs. 50,000/- were paid to defendant. The remaining amount was paid by plaintiff who is the karta of family about 10 days later. The agreement in dispute was forged and fabricated document. The plaintiff under the garb of the agreement tried to take forcible possession of the suit land and put the house of defendant on fire. The incident was reported to the police vide FIR No.152 dated 20.11.2004.