MEHAR SINGH Vs. MOHINDER PAL

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby in a suit for specific performance of the agreement of sale dated 16.3.2000, the Court has passed a decree for returning the earnest money of Rs. 66,000.00 along with interest @ 12% per annum from 21.5.2001 till the date of decree and @6% per annum on the entire decretal amount till the actual realisation of the whole amount.

(2.) The plaintiff has sought a suit for specific performance of the agreement of sale dated 16.3.2000 alleging therein that 16 kanals of the land was agreed to be sold by the defendant and that the plaintiff paid Rs. 66000.00 as earnest money to the defendant. The sale deed was to be executed on or before 20.3.2001. On receipt of balance sale consideration, the total of which is Rs. 2 Lacs. It has been alleged that since the defendant has failed to execute the sale deed, the present suit for specific predominance was filed by the plaintiff on 12.6.2001.

(3.) The defendant, in the written statement, denied the execution of the agreement to sell his land measuring 16 kanals for a total sale consideration of Rs. 2 Lacs. It was alleged that the agreement relied upon by the plaintiff is false, fictitious document and the same is result of misrepresentation and undue influence. It was further stated that the defendant was selling his crop through the agency of the Commission Agent being run by the plaintiff. It was during the course of transactions, the plaintiff might have obtained his signatures on some blank papers which he might have utilised and manufactured into the alleged agreement to sell.