GURBAX SINGH Vs. LABHU RAM

JUDGEMENT

(1.) THIS is defendant' regular second appeal against the judgment and decree of Additional District Judge whereby the appeal filed by the Plaintiff was accepted thereby setting a side the judgment and decree of the trial Court.

(2.) BRIEFLY put, the Plaintiff filed a suit for specific performance of agreement dated 23.6.1989 regarding the suit property as detailed in the heading of the Plaint. As per case of the Plaintiff, defendant agreed to sell the property at the rate of Rs. 60,000/ - per killa and received a sum of Rs. 60,000/ -. The sale deed was to be executed on or before 31.12.1989. As per terms of the agreement, it was agreed that in case the defendant did not execute the sale deed he would pay a sum of Rs. 1,20,000/ - to the plaintiff and in case the plaintiff does not get executed the sale deed, the amount of Rs. 60,000/ - shall forfeited. Since the defendant failed to execute the sale deed in terms of the agreement, a suit for specific performance was filed by the Plaintiff.

(3.) ON the pleadings of the parties, a number of issues were framed. The trial Court came to the conclusion that the agreement is result of forgery and fabrication and has come into being through fraud and so decided this material issue against the Plaintiff and in favour of the defendant. Since the Plaintiff failed to prove the due execution of the agreement dated 23.6.1989, the suit of the plaintiff was assailed.