BALRAJ SINGH Vs. BHUPINDER SINGH

JUDGEMENT

(1.) Defendant is in second appeal against the judgment and decree dated 05.01.2011 passed by Additional District Judge, Ferozepur vide which judgment and decree dated 20.08.2010 passed by Additional Civil Judge (Sr. Divn), Ferozepur has been set aside and appeal has been accepted thereby decreeing the suit for specific performance of agreement to sell dated 09.07.1999. Defendant -appellant has been directed to get the sale deed executed and registered in favour of plaintiff after obtaining balance sale consideration within two months from the date of passing of the decree failing which plaintiff has been entitled to get the sale deed executed through the agency of the Court on depositing the balance sale consideration.

(2.) Plaintiff filed suit for specific performance on the ground that defendant is owner of the suit land measuring 56 Kanals fully detailed in the head note of the plaint situated in village Sultan Wala, Tehsil and District Ferozepur. An agreement to sell dated 09.07.1999 was entered into between the parties @ Rs. 1,40,000/ - per acre for a total sale consideration of Rs. 9,80,000/ -. Defendant received Rs. 8,30,000/ - from the plaintiff as earnest money at the time of execution of agreement to sell dated 09.07.1999 in the presence of marginal witnesses. Possession of the land was delivered to the plaintiff who is now in possession of the same. The date for execution of sale deed was fixed on or before 08.07.2002 on payment of balance sale consideration. Plaintiff alleged that he was and still ready and willing to perform his part of obligation. On the target date, the plaintiff approached the defendant and requested him to come to the office of Sub Registrar for execution and registration of sale deed. He waited for the defendant till 04.55 PM in the office of Sub Registrar and also got his presence marked before the Sub Registrar. The defendant did not turn up and thereafter, plaintiff served legal notice dated 27.07.2003 upon the defendant which was replied by the defendant on 31.07.2003. Finally, the plaintiff approached the defendant and requested him to get the sale deed executed and registered but the defendant flatly refused to do so. With this background, suit came to be filed.

(3.) Defendant contested the suit on all counts. Defendant denied the receiving of money from the plaintiff and also pleaded that he did not execute any agreement to sell in favour of plaintiff at any point of time. Defendant claimed that he is in possession of the suit property as the grandfather of the plaintiff is a Commission Agent and is carrying on his business in the name and style of M/s. Khinda Commission Agents. Plaintiff is grandson and Munim of Charan Singh and defendant used to sell his crop on the Commission Agent Shop to aforesaid Charan Singh and he had dealing with the said firm till 1999 and, thereafter left the Commission Agency Shop of Charan Singh due to some differences. During the dealing, plaintiff might have obtained thumb impressions of the defendant on some blank paper by fraud and thereafter, plaintiff and his grandfather Charan Singh have prepared a forged and fabricated agreement to sell dated 09.07.1999. Defendant claimed that sometime he used to put his thumb impressions and he used to sign in Punjabi in routine work. The agreement in question is stated to have been scribed by one B.S. Thakur, Advocate, District Courts, Ferozepur against whom Civil Court has already given finding in case titled "Harkirat Singh vs. Chamkaur Singh." The another witness of alleged agreement to sell namely Sohan Lal is claimed to be henchmen of the firm and in this view, the agreement to sell is claimed to be forged and fabricated.