NISAR KHAN Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) Defendants are in appeal aggrieved of the judgment and decree dtd. 12/12/2023 passed by Additional District Judge, Yamuna Nagar, affirming the judgment and decree dtd. 17/2/2017 passed by Civil Judge (Sr. Div.), Yamuna Nagar, whereby the suit filed by the plaintiff seeking decree of possession by way of specific performance has been decreed.

(2.) Plaintiff filed suit for possession by way of specific performance of an agreement to sell dtd. 7/5/2010 regarding land measuring 23 kanal 3 marlas comprised in khewat/khatauni No.153 min/212, khasra No.25//13, 14 and 18 as per jamabandi for the year 2006-07. As per the plaintiff, defendant agreed to sell the aforesaid land in his favour for total a sale consideration of Rs.18,62,750.00. On the date the agreement to sell was executed, an amount of Rs.10,31,000.00 was paid by the plaintiff to the defendant. Both the parties agreed to get the sale deed executed on or before 20/8/2010. The same was later on extended from 20/8/2010 to 19/11/2010. The writing to the said effect was made on the back page of the agreement to sell. Plaintiff claimed that on 19/11/2010, he remained present in the office of Sub-Registrar Radaur alongwith the balance sale consideration and expenses to be borne on the registered sale deed. However, defendant failed to come present to perform his part. On account of failure of defendant, plaintiff served legal notice dtd. 5/5/2011 calling upon the defendant to come present before Sub-Registrar, Radaur on 17/5/2011 and to execute the sale deed. Plaintiff further claims to have remained present on 17/5/2011 in the office of Sub-Registrar concerned. Defendant having failed to come present on 17/5/2011, the present suit was instituted by the plaintiff on 30/7/2011.

(3.) Defendant expired before the filing of the written statement. The same was filed by his legal representatives, who denied the execution of agreement to sell. They denied execution of agreement to sale propounded by the plaintiff and claimed the same to be result of forgery and fabrication.