BAJRANG LAL AND OTHERS Vs. RAMBILAS AND OTHERS

JUDGEMENT

(1.) Appellants, who were defendants before the trial Court, have filed the present Regular Second Appeal to challenge the judgment and decree dated 25.02.2010 passed by the Additional District Judge (Fast Track Court), Narnaul, whereby, the judgment and decree passed by the trial Court was upheld.

(2.) Briefly, the facts of the case are that plaintiff-Rambilas, who is respondent herein, filed a suit for specific performance on the ground that the defendants No.1 to 5 entered into an agreement on 107.1999 with the plaintiff. A sum of Rs. 95,000.00 was paid as earnest money at the time of agreement and the balance amount was to be paid at the time of execution of sale deed. The date for executing the sale deed was fixed as 10.03.2000 but defendants No.1 to 5 executed the sale deed in favour of defendants No.6 to 9 on 15.03.2000 which was challenged by way of filing the suit. Written statement was filed, wherein, it was alleged that defendants No.1 to 5 entered into an agreement with defendants No.6 to 9 on 13.11.1997 for a consideration of Rs. 1,50,000.00, out of which, Rs. 1,30,000.00 was paid as earnest money. Defendants no.1 to 5 took the plea that the plaintiff being the real brother-in-law of defendants No.1 to 5 were in need of Rs. 95,000.00 and he advanced Rs. 70,000.00, whereas, defendants No.6 to 9 also took the plea that they were bona fide purchasers. The suit of the plaintiff was decreed and thereafter, the appeal was filed by the appellants, which was dismissed.

(3.) The appellants, after losing before two Courts below, have filed the present Regular Second Appeal.