BHUPINDER SINGH Vs. JASWANT SINGH

JUDGEMENT

(1.) The defendant is appellant before this Court. He is aggrieved by the judgments rendered by both the Courts below. The plaintiff filed a suit for specific performance of contract regarding land measuring 1 kanal 18 marlas (in short, 'the suit property') for which there was an agreement of sale entered into on 18.10.2001 between him and the defendant.

(2.) The defendant had agreed to sell the suit property in favour of the plaintiff for a consideration of Rs. 3,25,000/- per acre. A sum of Rs. 20,000/- was paid as earnest money. The defendant also received an amount of Rs. 2,200/- on 29.12.2001 and Rs. 13,000/- on 16.1.2002 and executed the receipts in this regard. The balance sale consideration was to be paid at the time of execution of the sale deed on or before 18.3.2002. The defendant did not turn up for the execution of sale deed, though the plaintiff remained present in the Tehsil Complex, Morinda along with the balance sale consideration and expenses for registration of sale deed amounting to Rs. 60,000/-. In order to show his presence, the plaintiff got attested an affidavit from the Executive Magistrate, Morinda. According to the plaintiff, he was/is still ready and willing to perform his part of contract. However, the defendant failed to execute the sale deed in his favour which necessitated the filing of the suit for specific performance of contract.

(3.) The suit was contested by the defendant. He denied the execution of any such agreement to sell dated 18.10.2001 in favour of the plaintiff. He pleaded that in fact, he had borrowed a sum of Rs. 35,000/- as loan from the plaintiff on 18.10.2001. In order to secure the loan amount, the plaintiff took his signatures on two blank papers. However, he had already repaid the loan amount. But, the said documents were not returned and the matter kept lingering on and hovering on one pretext or the other.