JANAK SINGH Vs. SANT RAM

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 12.2.2009 passed by the learned Courts below vide which the suit filed by the plaintiff/respondent for possession by way of specific performance of agreement to sell, stands decreed.

(2.) THE plaintiff brought a suit on the pleadings that the defendant/appellant entered into an agreement to sell dated 10.4.2001 and was paid ernest money of Rs. 70,000/ -. Subsequently , another some of Rs. 50,000/ - was paid, thus total earnest money of Rs. 1,20,000/ - was paid.

(3.) ON notice, the suit was contested by the defendant/appellant, wherein plea was taken that the defendant/appellant executed no agreement, which was said to be forged and fabricated document, drafted on blank paper, on which thumb impression of the defendant/appellant was taken when he was under the influence of liquor. Plea was also taken that, in fact, it was a transaction of loan of Rs. 55,000/ -, which was agreed to be returned with interest @ Rs. 2,000/ - per month, and the defendant was willing to repay the amount.