BALWINDER SINGH Vs. HARKIRAT SINGH

JUDGEMENT

(1.) THIS regular second appeal has been filed against the concurrent judgments of Courts below, whereby suit filed by respondent -plaintiff Harkirat Singh seeking relief of specific performance of agreement to sell dated 28.06.2002 pertaining to land measuring 11 kanals 6 marlas situated in village Khanoor District Hoshiarpur as fully described in the head note of the plaint, was decreed.

(2.) THE case of the respondent -plaintiff, in brief, is that on 28.06.2002 appellant -defendant agreed to sell his 11 kanals 6 marlas of land situated at village Khanoor for a sum of Rs. 5 lacs and received Rs. 4 lacs as earnest money. The date for execution of the sale deed was fixed as 26.12.2002. The suit seeking specific performance of the agreement was filed on started threatening 2 -3 days prior to the filing of suit to alienate the suit land or part of it to someone else. Respondent -plaintiff was always ready and willing to perform his part of agreement and is still ready and willing to do so. He had also sent a telegram to the appellant -defendant on 24.12.2002 asking him to reach the Tehsil Complex, Hoshiarpur on 26.12.2002 for execution of the sale deed after receiving the balance sale consideration. On 26.12.2002, respondent -plaintiff remained present in the Tehsil Complex with balance sale consideration along with other expenditure but the appellant -defendant did not turn up. As a token of his presence in Tehsil Complex the respondent -plaintiff got attested his affidavit. He sought relief of specific performance of agreement to sell dated 28.06.2002 and called upon the appellant -defendant to execute the sale deed of the suit land in his favour and in the alternate for recovery of Rs. 8 lacs i.e. Rs. 4 lacs paid as earnest money and Rs. 4 lacs as damages suffered by the respondent -plaintiff.

(3.) NARRATING the real facts about obtaining of his signatures on blank stamp papers, the appellant -defendant has alleged as follows: - -