PARGAT SINGH Vs. JIT SINGH

JUDGEMENT

(1.) This revision petition is against the order District Judge declining petitioner's application under Order 41, Rule 27 of the Code of Civil Procedure (for short 'the Code') for permission to adduce additional evidence.

(2.) Plaintiff filed a suit for specific performance of the contract of sale deed 31.3.1986 as well as sought relief of permanent injunction restraining the defendant to sell the suit land or any portion thereof to any other person except the plaintiff and in the alternative for return of Rs. 40,000/- i.e. Rs. 20,000/- as earnest money and Rs. 20,000/- as stipulated damages.

(3.) This was seriously contested by the defendant who denied the execution of agreement to sell or receipt of the earnest money. According to the defendant, in fact, he borrowed a sum of Rs. 8,000/- from the plaintiff and his wife Gurdev Kaur and thumb-marked the documents purported to be documents of loan. As agreed between the parties, he allowed them to reap the harvest of his land for one year. Since the plaintiff had remained in possession of the land for one year, now nothing is due towards the plaintiff.