HAROON Vs. KALEY KHAN

JUDGEMENT

(1.) This is regular second appeal against the judgment passed by Civil Judge (Junior Division), Ferozpur Jhirka, whereby suit filed by respondent plaintiff Kaley Khan seeking relief of specific performance of the agreement to sell dated 08.08.2005 was decreed and the appellant defendant was directed to execute the sale deed of land measuring 6 kanals 0 marlas situated within the revenue estate of village Kherla Kalan, Tehsil Ferozpur Jhirka, District Mewat, on receipt of balance sale consideration.

(2.) The case of the plaintiff, in brief, is that vide agreement dated 08.08.2005, defendant Haroon agreed to sell 6 kanals of land as fully described in the head note of the plaint for a sale consideration of Rs. 94,500.00 and received Rs. 40,000.00 as earnest money. The date for execution and registration of the sale deed was agreed as 06.06.2006. The plaintiff has always been ready and willing to perform his part of the agreement and also appeared before the Sub Registrar, Ferozpur Jhirka on 06.06.2006 with balance sale consideration and other expenses but the defendant did not turn up.

(3.) The defendant contested and controverted the averments of plaintiff regarding the execution of the agreement inter-alia pleading that he was in need of money in the year 2005 and took a loan of Rs. 40,000.00 from the plaintiff @ 1.5% per month with the condition that defendant would execute an agreement of his agricultural land in favour of plaintiff as security. It was also agreed that the agreement shall be returned on payment of loan amount. The deal was settled before Mam Chand and Farookh and the agreement was executed only to secure the loan amount. On 10.04.2006, the defendant returned the loan amount with interest in the presence of Farookh and Jamil but the plaintiff did not return the agreement. The other terms of the agreement like payment of balance sale consideration of Rs. 50,400.00 were also denied and controverted.