HANS RAJ TUTEJA Vs. PARWATI AND OTHERS

JUDGEMENT

(1.) This is appeal against concurrent judgments of Courts below whereby suit filed by plaintiff-appellant for specific performance of agreement to sell dated 28.04.2000 pertaining to land measuring 12 kanals situated at Hansi and challenging the sale deed bearing no. 3639 dated 31.10.2007 executed by defendant no. 1 in favour of defendants no. 2 and 3, was dismissed.

(2.) Case of plaintiff, in brief, is that vide agreement dated 28.04.2000, executed by defendant no. 1-Smt. Parwati in favour of plaintiff, she agreed to sell land measuring 12 kanals for a sale consideration of Rs. 3,25,000/-. The agreement was drafted by Sh. Brij Lal Tanwar, Advocate, Bhiwani and the entire sale consideration was paid on the date of execution of agreement in the presence of witnesses. Possession of the suit land was delivered to plaintiff. No date for execution and registration of sale deed was fixed and it was left to the will of plaintiff to get the sale deed executed according to his convenience. On 16.01.2009, plaintiff served a notice on defendant no. 1 through his counsel and on receiving reply to that notice, he came to know that defendant no. 1 has already alienated the suit property to defendants no. 2 and 3 vide sale deed dated 31.10.2000.

(3.) Learned Additional Civil Judge (Sr. Division), Hansi dismissed the suit of plaintiff with the observation that agreement propounded by plaintiff (Ex. P-1) is forged and fabricated document. Some of the reasons given by learned Additional Civil Judge (Sr. Division) in support of his observation are enumerated as follows:-