PARAMJIT KAUR Vs. IQBAL SINGH

JUDGEMENT

(1.) PRESENT appeal is challenge to the judgment and decree dated 04.05.2013 passed by Additional District Judge, Karnal whereby the judgment and decree dated 09.11.2010 passed by Civil Judge (SD), Karnal was dismissed.

(2.) FOR the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) THE detailed facts of the case have already been recapitulated in the judgments of Courts below. However relevant facts for the decision of present appeal that the plaintiff sought possession on the basis of specific performance of agreement dated 23.04.2007. As per plaintiff, the said agreement was duly executed for total sale consideration of Rs.4.7 lacs and a sum of Rs.3.7 lacs was received as earnest money in presence of the witnesses. Thereafter defendant failed to perform his part of the agreement and as such suit before the Court of first instance. Defendant contested the suit taking the plea that the said agreement is forged and fabricated document. In fact he had never executed any agreement. There was no need on the part of defendant to sell his land. The market value of the same was not less than Rs.35 lacs per acre. He had not received earnest money of Rs.3.7 lacs. Plaintiff is wife of Bagga Singh @ Dilbag Singh son of Sh. Sucha Singh. Defendant Iqbal Singh has no male issue and has one daughter namely Lakhwinder Kaur who is married to Gurbaj Singh son of Kartar Singh. The said Gurbaj Singh is Ghar Jamai of defendant Iqbal Singh. The husband of plaintiff Bagga Singh had entered into an agreement of sale of his agriculture land measuring one acre on 10.01.1992. At the time of said agreement defendant was attesting witness. However, subsequently Bagga Singh became dishonest and did not perform his part of agreement dated 10.01.1992. Gurbaj Singh was forced to file suit for specific performance and same was dismissed. Appeal was filed and same was also dismissed on 02.06.2000. Regular second appeal was filed before this Court and same was also dismissed. Bagga Singh had also filed an application for recession of the contract dated 10.01.1992 and same was also dismissed on 02.05.2003 by the executing Court. Objections were filed by Bagga Singh and the same was also dismissed. Later on Bagga Singh filed civil suit through his wife Paramjit Kaur seeking declaration that agreement dated 10.01.1992 is illegal null and void and the same was dismissed on 22.08.2006 with special costs of Rs.2000/ - as the said civil suit was filed by her in collusion with her husband. The matter was before this Court by way of revision and said revision petition was dismissed. Defendant mainly took the plea that the agreement is result of forgery and cheating whereas no such agreement was executed by him in favour of plaintiff.