AVTAR SINGH Vs. MAHESH KUMAR

JUDGEMENT

(1.) The defendant is in regular second appeal. The plaintiff filed a suit seeking decree for possession by way of specific performance by agreement to sell dtd. 17/6/2005 qua land measuring 12 kanals as detailed out in the head note of the plaint.

(2.) As per the pleaded case of the plaintiff, defendant agreed to sell the suit land in his favour by executing an agreement to sell dtd. 17/6/2005 for valuable consideration of Rs.2,60,000.00 per acre. The defendant received Rs.3,10,000.00 as earnest money and the parties agreed to get the sale deed executed on or before 10/8/2005. The plaintiff claims to have remained present on the appointed date in the office of Sub Registrar from 10.00 am to 5.00 pm. He, however, claims that defendant failed to turn up to execute the sale deed in his favour. The plaintiff got his presence marked by way of an affidavit and served legal notice dtd. 19/8/2005 through his counsel to the defendant calling him to execute the sale deed on or before 6/9/2005. As per the plaintiff, he remained present in the office of Sub Registrar on the said date, however, defendant again failed to turn up. The plaintiff claims that he remained ready and willing to perform his part throughout. The present suit was instituted on 14/9/2005.

(3.) The suit was contested by the defendant. As per defendant, plaintiff is a commission agent. The defendant borrowed an amount of Rs.40,000.00 from the plaintiff in the month of June, 2005 on interest @ 1% per month. The plaintiff in order to secure his amount asked the defendant to sign on blank stamp papers. As per the defendant, agreement to sell was never executed by him and it is those blank stamp papers signed by him, which have been misused by the plaintiff for execution of agreement to sell. The defendant at the same time claims that on return of money, when he asked the plaintiff to return the blank stamp papers, the same were torn by the plaintiff in his presence. The defendant also denied receipt of earnest money of Rs.3,10,000.00.