SOMESH Vs. GULAB SINGH (SINCE DECEASED) AND ORS

JUDGEMENT

(1.) Present regular second appeal, filed by defendant No.1, against the concurrent findings of facts having been recorded by the Courts below in a suit for specific performance of agreement of sale dated 8.7.1998. For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(2.) Relevant facts of the case that plaintiff filed suit for specific performance of agreement of sale dated 8.7.1998 with regard to suit property. The total sale consideration was Rs. 4,50,000/- and a sum of Rs. 3,00,000/- was received as earnest money. The balance sale consideration of Rs. 1,50,000/- was to be paid on the target date i.e. on or before 10.6.1999. Plaintiff was always ready and willing to perform his part of the agreement but the defendants failed to do so and for that purpose plaintiff had appeared in the office of Sub Registrar, Nilokheri along with balance sale consideration but defendants failed to put in appearance. Despite legal notice, defendants failed to get the sale deed executed and as such necessity of the suit.

(3.) Defendants contested the suit inter alia taking the plea that no such agreement was ever executed and there was no question of receipt of any earnest money. The attesting witnesses as well as the deed writer and the plaintiff forged the signatures of defendant No.1 on the agreement of sale and defendant No.1 was not liable to get the sale deed executed and suit deserves dismissal.