MOHINDER SINGH Vs. BHULLA SINGH

JUDGEMENT

(1.) The present appeal has been filed by the defendant against the judgment and decree passed by the lower Appellate Court, whereby the suit filed by the plaintiff-respondent herein, for specific performance of agreement was decreed, reversing the judgment and decree of dismissal passed by the trial Court. For convenience the parties shall be referred as plaintiff and defendant as they were in the suit.

(2.) The brief facts of this case are that the defendant executed an agreement to sell land measuring 26 Kanals 6 Marlas, being ?th share of the property mentioned in the plaint, with all rights attached to the land. The agreement is dated 08.03.2006 and an earnest money of Rs. 5.00 lakh was paid to the defendant. The target date for execution of sale deed was fixed as 07.04.2006. On the fixed date, the defendant did not turn up to execute the sale deed, therefore, the plaintiff had got the presence marked before Sub Registrar. Besides this, Bank draft worth balance sale consideration, amounting to Rs. 26,23,125/- had also been got prepared in the name of the defendant. Since the defendant did not execute the sale deed, therefore, the plaintiff filed the present suit.

(3.) The defendant contested the suit and took up the plea that he never executed the agreement in question. He further pleaded that the agreement is fabricated and is a result of fraud and misrepresentation.