KISHNO BAI Vs. GIAN SINGH AND ORS

JUDGEMENT

(1.) Defendant-Appellant is in second appeal aggrieved of the judgment and decree of reversal dated 03.8.2013 passed by learned Addl. District Judge, Ferozepur vide which the appeal filed by the plaintiffs against the judgment and decree dated 18.5.2011 passed by Addl. Civil Judge (Sr. Division), dismissing the suit of the plaintiffs, has been accepted.

(2.) Plaintiffs-Respondents instituted the suit seeking specific performance of agreement to sell dated 10.11.2004, which was executed by defendant in their favour regarding land measuring 22 kanal 6 marlas falling in the revenue estate of Chak Bajida as detailed in the head note of the plaint at the rate of Rs.1,20,000/- per acre and a sum of Rs.1,50,000/- on account of earnest money was received by the defendant. The stipulated date for execution and registrration of the sale deed was 15.11.2005. It was alleged that the defendant, on 17.6.2005 requested the plaintiffs to pay further earnest money to her in order to fulfil her domestic needs. The plaintiffs agreed to pay another sum of Rs.1,00,000/- as earnest money to the defendant and writing to that effect was reduced into writing at the back of first page of the agreement in the presence of marginal witnesses. In all, the defendant received a sum of Rs.2,50,000/- but still did not come forward to execute the sale deed, as a result the present suit was preferred.

(3.) Upon notice, the defendant appeared and contested the suit by filing written statement. She took the pleas of locus standi, cause of action and concealment of material facts besides denying the agreement to sell stating that it was a forged and fabricated document. In fact no agreement to sell was entered into between the parties as the price of the property, at the time of execution of alleged agreement to sell was Rs.5 lacs per acre.