SHYAM LAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) The defendant is in Regular Second Appeal against the concurrent findings of fact arrived at by the Courts below.

(2.) The plaintiffs had filed a suit for possession by way of specific performance of the agreement to sell dated 30.12.2005. It was pleaded that the land measuring 21 kanals 19 marlas was agreed to be sold for a total sale consideration of Rs. 48,00,000/-, Out of which, Rs. 10,00,000/- was paid as earnest money. The target date for execution and registration of the sale deed on payment of the balance sale consideration was fixed as 29.05.2006.

(3.) In the written statement, defendant denied that he entered into any agreement to sell with the plaintiff. He also denied the receipt of the earnest money. He further denied that he had ever signed the said agreement to sell. It was claimed that the agreement to sell is a result of fraud played by the plaintiffs.