HARBHAJAN SINGH Vs. BACHAN SINGH & OTHERS

JUDGEMENT

(1.) This regular second appeal has been filed by the plaintiff against the judgment and decree dated 02.09.2015, passed by Additional District Judge, Jalandhar vide which the appeal filed by the plaintiff was partly allowed and the suit of the plaintiff was partly decreed for alternative relief of recovery of Rs.5,70,000/- along with interest @ 9% per annum and the judgment and decree dated 20.10.2012, passed by Civil Judge (Junior Division), Nakodar was partly modified.

(2.) In brief, the plaintiff filed suit for possession by way of specific performance of the agreement to sell dated 23.05.2003. It was pleaded by the plaintiff that Kakka Singh predecessor-in-interest of the defendant Nos. 1 to 4 entered into an agreement to sell land measuring 25 kanals 12 marlas situated in the area of village Bangiwal/345, Tehsil Nakodar, District Jalandhar. The total sale consideration was fixed at Rs. 6 lacs. An amount of Rs.5,70,000/- was received by Kakka Singh as earnest money. The remaining amount of Rs.30,000/- was to be paid at the time of execution of the sale deed. The sale deed was to be executed on or before 27.12.2004. On the stipulated date, the plaintiff appeared before the Sub-Registrar but Kakka Singh did not turn up. Hence, the present suit. The plaintiff also challenged sale deed dated 02.06.2006 in respect of 8 kanals land out of the suit land executed by Kakka Singh in favour of defendant No.5.

(3.) Upon notice, the defendants appeared and filed written statement. The stand of the defendants No.1 to 4 was that the agreement to sell was never executed by Kakka Singh. The same was result of fraud and fabrication.