LAWS(P&H)-2018-5-80

NIRMAL SINGH Vs. ARWINDER SINGH

Decided On May 16, 2018
NIRMAL SINGH Appellant
V/S
Arwinder Singh Respondents

JUDGEMENT

(1.) The defendant (appellant herein) has approached this court by filing the instant appeal against judgments and decrees dated 26.8.2008 and 23.5.2011 of the trial court and the first appellate court, Jalandhar, respectively, whereby the suit filed by the plaintiff-respondent for specific performance of the agreement to sell dated 14.6.2000, was decreed, which in appeal, was also affirmed.

(2.) The facts necessary for disposal of this appeal are that respondent-plaintiff filed a suit for specific performance of contract pleading that appellant, vide agreement dated 14.6.2000, agreed to sell plot no.1049 measuring 100 sq.yards, situated in Urban Estate, Phase-II, Jalandhar, for a total sale consideration of Rs.1,50,000/-. Out of this total amount, the plaintiff (respondent herein) paid a sum of Rs.1,00,000/- to the appellant. As per terms and conditions of the agreement, the appellant had to get the sale deed executed in favour of the respondent on 14.7.2000 after receipt of the balance sale consideration and other expenses. The respondent was ready and willing to perform his part of agreement, but on 14.7.2000, the appellant, as agreed, did not turn up to the office of the Sub Registrar, Jalandhar, to get the sale deed executed in favour of the respondent. He is still ready and willing for execution of the sale deed on payment of balance sale consideration, but the appellant was avoiding execution thereof in his favour.

(3.) Per contra, the appellant, in his written statement, raising preliminary objections regarding maintainability of the suit, on merits, took stand that he never agreed to sell the plot in question. The agreement dated 14.6.2000 was a forged and fabricated document. He never received the amount of Rs.1,00,000/- as earnest money. In fact, the receipt issued by the concerned office with respect to deposit of the installment of the plot might be linked with the same. He handed over some blank papers duly signed by him to one S. Baljinder Singh along with requisite money for depositing the amount of installment with the Estate Officer, Jalandhar. On coming to know that S.Baljinder Singh, was not in a position to go to Jalandhar for depositing the installment in time, the authority letter typed in his favour, signed in blank, was changed in the name of Sant Parkash Singh by him. He also handed over other papers signed in blank to Sant Parkash Singh stating that in case any objection is raised with respect to overwriting in the original authority letter, he would prepare a fresh one on blank papers. However, vide public notice dated 5.6.1989, he got the authority letter and other blank signed papers given to Sant Parkash Singh cancelled. Subsequently, on 18.12.1988, Sant Parkash Singh got prepared a forged agreement to sell on blank papers signed by the appellant. On 9.11.1990, he, on the basis of forged and fabricated document, filed a suit for specific performance in respect of the plot in dispute which, vide judgment and decree dated 26.11.1999 was dismissed by the court of Shri D.R.Arora, Civil Judge (Senior Division), Jalandhar. Appeal preferred against the said judgment was also dismissed vide judgment and decree dated 02.1.2002 by Additional District Judge, Jalandhar.