JASWINDER SINGH Vs. VARINDER PATEL

JUDGEMENT

(1.) This is an application under Sec. 5 of the Limitation Act for condonation of delay of 131 days in filing the instant application seeking leave to appeal.

(2.) Learned counsel for the applicant submits that the trial Court has erroneously acquitted the respondents, although, there was sufficient evidence warranting their conviction. He submits that the applicant had entered into an agreement to sell on 15/2/2008 with respondent No. 1 for the plot measuring 500 sq. yards which was in the name of the firm owned by respondent No.1 Varinder Patel and one Manmeet Mishra for a total sale consideration of Rs.14,00,000..00 He had paid Rs.4,00,000.00 as earnest money to respondent No. 1 and the last date for executing the agreement to sell was fixed for 15/5/2008. However, respondent No.1 did not get the agreement executed and made flimsy excuses for delay in its execution. He also submits that respondent No.1 instead had sold the land to respondent no 2 Gursewak Singh on 16/7/2010 and they colluded with each other to defraud the applicant. He further submits that the Trial Court has erred in finding that all the pages of the agreement to sell running into 6 pages were not signed by respondent No.1 and it only bore his signatures on the last page.

(3.) Heard.