SARAJ SINGH Vs. MAJOR SINGH

JUDGEMENT

(1.) This is an application filed under Sec. 5 of Limitation Act seeking condonation of delay of 177 days in filing the instant appeal.

(2.) Plaintiff filed suit seeking decree of specific performance of agreement to sell, dtd. 26/11/2005. As per plaint, defendant agreed to sell land admeasuring 16 Kanals owned by him, in favour of the plaintiff for a total sale consideration of Rs.5,60,000.00. Rs.2,50,000.00 was paid as earnest money. Parties agreed to get the sale deed executed on or before 6/7/2007. Plaintiff claims that he continues to be ready and willing to perform his part of contract. On the stipulated date i.e., 6/7/2007, plaintiff appeared before the Sub Registrar, Zira along with the balance sale consideration. His presence was marked before the Sub Registrar, vide Exhibit P-1. Defendant having failed to come present, plaintiff is entitled to decree of specific performance.

(3.) Suit was contested by the defendant claiming that the agreement to sell was a result of fraud committed by the plaintiff acting in connivance with his father-in-law, namely Lachhman Singh, who is running a commission agency and defendant is selling his produce through him. He claims that the commission agent namely Kabal Singh and Lachhman Singh obtained signatures of the defendant on blank-papers. The same papers have been utilized to create this forged and fabricated document.