DAYA SINGH Vs. SWARAN LATA

JUDGEMENT

(1.) Appellant-defendant is in Regular Second Appeal against the concurrent findings of fact, whereby the suit claiming specific performance of the agreement to sell dated 6.11.2002 in respect of the suit property, alleged to have been sold for a total sale consideration of Rs. 4,35,000/- against the payment of earnest money of Rs. 2,40,000/-, has been decreed by the trial Court and upheld by the Lower Appellate Court.

(2.) Respondent-plaintiff instituted the suit on the premise that appellant-defendant Daya Singh (the vendor), had entered into an agreement to sell in respect of the suit property for sale consideration and earnest money, as indicated above. The stipulated date for execution and registration of the sale deed was fixed as 15.2.2003, which was extended upto 28.3.2003. Thereafter, the plaintiff had approached the defendant for performing his part of the agreement. Since the defendant did not accede to such request, he was compelled to claim the discretionary relief on 3.8.2005, when the aforementioned suit was filed.

(3.) The aforementioned suit was contested by the defendant by taking the objections qua maintainability, locus-standi and estoppel. On merit, it was pleaded that it was not an agreement to sell but a security for having taken loan from the husband of the plaintiff, which was Rs. 1,00,000/- with interest @ 3% per annum as they were running a jewellery shop at Village Sanghol. It was also pleaded that the husband of the plaintiff had taken loan of Rs. 36,000/- from the defendant against pronote and receipt dated 24.11.2000 along with interest @ 2% per month and again same amount vide pronote and receipt dated 2.5.2002. Various other pronotes and receipts of different denominations were executed. The matter was compromised with regard to the outstanding amount. The defendant requested for the return of the aforementioned alleged agreement executed as security, but the same was not returned on one pretext or other.