HANSA SINGH Vs. SANDEEP KUMAR

JUDGEMENT

(1.) The present Regular Second Appeal (hereinafter to be referred as "RSA") is directed against the judgment and decree dtd. 7/8/2000 rendered by the learned Additional District Judge, Ferozepur, whereby the appeal preferred by the respondent-plaintiff was accepted. Consequently, the judgment of the trial court dtd. 20/2/1998, which had initially dismissed the suit, was set aside, and the suit for recovery was decreed in favour of the respondent-plaintiff.

(2.) The respondent-plaintiff instituted the present suit for recovery of Rs.80,000.00 on the basis of an Agreement to Sell dtd. 24/7/1993 (Ex. P2), alleging that the appellant-defendant agreed to sell land measuring 9 kanals 12 marlas for a total consideration of Rs.80,000.00, out of which Rs.66,000.00 was paid as earnest money. The sale deed was stipulated to be executed on 25/7/1994. It was further pleaded that the plaintiff remained ready and willing to perform his part of the contract, as evidenced by his appearance before the Sub-Registrar on the stipulated date (Ex. P1). However, as the defendant allegedly lacked clear title to the entire suit land and failed to execute the sale deed, the plaintiff sought refund of the earnest money along with Rs.14,000.00 as damages.

(3.) The defendant, upon service of notice, contested the suit by filing a detailed written statement raising preliminary objections as to maintainability. On merits, the execution of the agreement and receipt of earnest money were specifically denied. It was pleaded that the defendant, an agriculturist, had been transacting through the plaintiff's commission agency for over a decade and, in the course of such dealings, his signatures were obtained on blank papers as per prevailing trade practice. It was further alleged that the plaintiff misused such blank signed papers to fabricate a forged agreement after cessation of business relations, as an act of retaliation.