RAJINDER SINGH Vs. MOHAN SINGH AND ORS.

JUDGEMENT

(1.) Challenge in the present appeal is to the impugned judgment and decree of Courts below, whereby suit filed by respondent-plaintiff for specific performance of agreement to sell dated 19.08.2004 executed by Harbans Singh-defendant No.1, who is none else, but brother of the respondents-plaintiffs i.e. Mohan Singh and Kulwant Singh has been decreed & the appeal filed against the same has also been dismissed.

(2.) Mr. S.S. Dinarpur, learned counsel appearing on behalf of the appellant-defendant No.2 Rajinder Singh submits that Harbans Singh had 1/3rd share measuring 5 kanal 16 marla in the property and sold the aforementioned land vide registered sale deed dated 26.08.2004 for a valuable consideration of Rs. 1,00,000/-. The registered document has presumption of truth until is rebutted by an evidence contrary to it. Defendant No.2-Rajinder Singh was flabbergasted to receive the notice of the suit filed on 30.09.2004 at the instance of Mohan Singh & Kulwant Singh-plaintiffs claiming the specific performance of agreement to sell dated 19.08.2004 allegedly executed by Harbans Singh brother of aforementioned persons for a valuable consideration of Rs. 87,750/- and earnest money of Rs. 40,000/- stated to have been received by Harbans Singh. The target date of the aforementioned agreement to sell was though 18.02.2005, but the suit was filed on 30.09.2004 as according to the respondents-plaintiffs alleged breach had been committed by Harbans Singh.

(3.) He further submits that specific stand of the appellantdefendant No.2 was that there is apparent collusion and connivance amongst brothers to frustrate the sale deed duly and validly executed on 26.08.2004. He submits that both the Courts below have committed illegality and perversity in not reading oral and documentary evidence, much less, testimony of DW2-Mehar Singh, who is witness to the sale deed.