SANTOKH SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) This application has been filed under Section 5 of the Limitation Act for condonation of delay of 203 days in filing the present appeal.

(2.) Appellant-Plaintiff-Santokh Singh filed the suit for specific performance of the agreement to sell dated 26.11.2009 executed in his favour by respondent-defendant-Ajit Singh for the sale of his land measuring 3 kanals situated in the revenue estate of village Cheema Bath, Tehsil Baba Bakala, District Amritsar for a sum of Rs. 4,12,500/-. The sale deed was agreed to be executed and registered on 25.11.2010. Defendant-respondent received a sum of Rs. 2.5 lacs as earnest money. But, he failed to perform his part of contract. Though, the plaintiffappellant was ready and willing to perform his part of contract. Hence the suit.

(3.) Defendant-Respondent contested the suit on the grounds inter alia that he has not executed any agreement to sell in favour of the defendant nor he received the earnest money, in-fact he and the plaintiff are the real brothers. He was in need of money for domestic use and he got a sum of Rs. One lac from the plaintiff as a loan. At that time, his thumb impressions were obtained by the plaintiff on 2-3 blank papers and in one register with the assurance that those will be obtained as security and will be returned to the defendant when he will repay the amount of Rs. One lac. He put his thumb impression on the blank stamp papers in good faith. But, the said stamp papers have been misused by the plaintiff to prepare the forged agreement to sell. With these pleas, he pleaded for dismissal of the suit.