SHARANJIT PAL SINGH Vs. TELU RAM

JUDGEMENT

(1.) Telu Ram plaintiff filed a suit for specific performance of agreement dated 22.6.1980 for the sale of three shops, with staircase on the ground floor, and chobaras on the first and second floor with latrine and bath etc., bearing Municipal property No.1191/2. The agreement was, statedly, executed by defendant no.1, Gauran Devi, for a sum of Rs.20,000/-. As per the terms of agreement, a sum of Rs.5000/- was paid as earnest money at the time of execution of agreement, and remaining consideration (Rs.15000/-) was to be paid at the time of registration of the sale-deed, to be done on or before 13.9.1980. In case of plaintiff's failure to get the sale-deed executed within the stipulated time, the earnest money was to stand forfeited, and in case of defendant no.1's failure to execute the sale-deed, she was to return the earnest money and also pay damages, both totalling Rs.10,000/-.

(2.) However, before the date fixed, defendant no.1 sold the property to defendant no.2, Sharanjit Pal Singh, vide registered sale deed dated 18.8.1980, and, thus, violated the terms of agreement. The plaintiff who had always been ready and Regular Second Appeal No.1171 of 1986. (2) willing to perform his part of the contract, thereupon, filed the present suit.

(3.) In the written statement, defendant no.1 denied having executed the agreement or having received any earnest amount and pleaded that the agreement was a fabricated document. According to her, the plaintiff was tenant in her two shops which bore property no.1192/2. She had full faith in him, since he was servant of her husband's brother, Kaka Ram. Her further case was that she is an illiterate and aged lady who could only put her signatures, and it seemed that taking advantage of her such position, the plaintiff, who was her tenant, might have obtained her signatures/ thumb impression. About the sale of said property in favour of defendant no.2, she pleaded that she was owner thereof and as such she had validly sold it.