CHANAN SINGH Vs. SUBHA SINGH

JUDGEMENT

(1.) Whereas aggrieved against the judgment and decree passed by the trial Court, granting specific performance of agreement to sell to the plaintiff, the defendants have filed Regular First Appeal bearing Nos. 2004 of 1979, aggrieved against the same even though with regard to the findings recorded on issue No. 2, the plaintiff in whose favour a decree for specific performance has been granted, has filed Cross-objections bearing Nos. 88-CI of 1980 in R.F.A. No. 2004 of 1979.

(2.) The brief facts of the case reveal that Suha Singh respondent (hereinafter referred to as the plaintiff) brought a suit for possession by way of specific performance against the appellants Chanan Singh and others (hereinafter referred to as the defendants) on 15.10.1976, inter-alia on the ground that there was an agreement between him and the defendants arrived at on 19.2.1975 with regard to the land measuring 15 Kanals comprised in Khewat No. 114/155 kila Nos. 18/1 (minwest) and 18/2 (minwest). The total consideration settled between the parties was Rs. 24,000/- out of which a sum of Rs. 8000/- was paid to the defendants at the time of the execution of the agreement on 19.2.1975. It was further the case of the plaintiff that remaining amount of Rs. 16,000/- had also since been paid before the suit was instituted and inasmuch as the defendants had backed out from the promise even though the sale deed had since been reduced into writing on 16-5-1975 and that the stamp papers were purchased, there was no option left with the plaintiff but for to file the suit.

(3.) The defendants contested the suit on various grounds. They pleaded that they had not entered into an agreement for sale with the plaintiff in respect of the land in dispute. They denied having received a sum of Rs. 8000/- on 19-2-1975 as also the rest of the amount of Rs. 16,000/-. The defendants further pleaded that the sale deed referred to above, was not reduced into writing and the same was a fictitious and forged document.