JITA SINGH Vs. JASVIR SINGH

JUDGEMENT

(1.) The plaintiff-appellant is in the regular second appeal against the concurrent findings of fact arrived at by the courts below while decreeing a suit for possession by way of specific performance of the agreement to sell dated 21.10.2004.

(2.) The plaintiff filed a suit with the assertion that the defendant had agreed to sell the suit land for a total sum of Rs.8,86,428/- and received Rs.1,25,000/- as earnest money on 21.10.2004. As per agreement to sell, the sale-deed was to be executed and registered on 21.10.2005. It is further pleaded that on 28.4.2005, the defendant received further sum of Rs.1,00,000/- and a note in this regard was recorded on the overleaf of the agreement. It is further pleaded that the defendant received a sum of Rs.3,50,000/- on 14.6.2005 and date for execution and registration of the sale-deed was extended to 28.8.2007. The plaintiff further pleaded that a legal notice was issued to the defendant but there was no reply.

(3.) The defendant contested the suit and pleaded that the agreement to sell and the endorsements are forged and fabricated and do not bear his thumb impressions.