GURBACHAN SINGH Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) This judgment shall dispose of two appeals, namely, RSA No. 243 of 2009 titled as "Sh. Gurbachan Singh v. Sh.Raghubir Singh" arising out of the Civil Suit No.47-C of 2004 filed by the plaintiff/respondent seeking decree for specific performance of contract and RSA No. No. 244 of 2009 titled as "Sh. Gurbachan Singh v. Sh.Raghubir Singh", arising out of the Civil Suit No. 1122-C of 2004 filed by the plaintiff appellant seeking decree, for permanent injunction.

(2.) The facts of Civil Suit No. 47-C of 2004 are that on 25.4.2003, defendant/appellant (Gurbachan Singh), who is the seller entered into an agreement to sell dated 25.4.2003 of land measuring 34 Kanals 8 Marias situated in village Bhavdeen, Tahsil and District Sirsa with Raghubir Singh (Purchaser) at the rate of Rs. 1,35,000/- per acre for a total sale consideration of Rs.5,80,500/- and received a sum of Rs.3.00.000/- as earnest money. The date for registration of the sale deed was fixed as 26.4.2004. The actual physical possession of the suit land was handed over, at the spot, to the plaintiff/respondent at the time of agreement. It is provided in the agreement to sell that in case the seller fails in executing the sale deed then the purchaser would get it executed through the process of Court and in case the purchaser fail in execution of the sale deed then earnest money shall be forfeited. It was also agreed that for some portion of the land in question mortgaged with Punjab National Bank, Bhavdeen Distt. Sirsa for a sum of Rs.2,15,000/-, the seller shall pay the outstanding dues prior to the execution and registration of the sale deed. It is alleged by the plaintiff that on 26.4.2004, he reached the office of Sub-Registrar, Sirsa along with balance sale consideration and expenses for stamp etc. for registration of the sale deed but despite waiting, the defendant did not turn up. which forced him to mark his presence by filing an affidavit, attested by the Executive Magistrate Sub -Registrar, Sirsa. On 27.4.2004, a legal notice was sent to the defendant to perform his part of the agreement but the notice was received back with a report of refusal. At last, the plaintiff had to file the present suit.

(3.) On notice, defendant in his written statement, had negated the allegations of the plaintiff and pleaded that the agreement, is an act of fraud as the defendant was in need of Rs. 2 lacs for the marriage of his daughter for which he had requested the plaintiff, who had agreed to give money to him on interest at the rate of 1.5% per month and asked him to execute some document towards security. It is alleged that he had thumb marked some documents . which have been converted into an agreement to sell. The rate of interest was agreed in the presence of Baaz Singh, Ex-Sarpanch son of Harvel Singh and Gurdial Singh son of Chand Singh, residents of Village Bhavdeen, Tahsil and District Sirsa. It is also averred that defendant is ready to make the payment of Rs. 2 lacs along with agreed interest.