KULTAR SINGH Vs. SULINDER KUMAR

JUDGEMENT

(1.) The appellant-plaintiff has not been successful before the trial Court in seeking mandatory injunction against the respondent-defendants by invoking the provisions of Sec. 77 of Indian Registration Act, 1908 (hereinafter referred to "1908 Act").

(2.) The suit aforementioned was based on the premise that defendants had entered into an agreement to sell-cum receipt dtd. 30/4/2002 in respect of 14 kanals 0 marla at the rate of Rs.2,12,000.00 per acre and received a sum of Rs.2,20,000.00 as earnest money. The remaining amount was agreed to be paid before the Sub-Registrar on 30/3/2003. The possession was delivered. The plaintiff had been ready and willing to execute the sale deed as on 3/3/2003 he purchased the stamp papers of Rs.50,315.00 with the consent of the defendants. The defendants reached Kaithal on 24/3/2003 and got the sale deed executed but left the seat of scribe and thereafter, did not turn up. The plaintiff presented the application dtd. 21/5/2003 under the provisions of Sec. 36 of 1908 Act. The sub-registrar issued the notice to the defendants. The Sub-Registrar after recording the evidence rejected the claim vide order dtd. 24/3/2006 and the appeal was filed which was also dismissed and therefore, sought the indulgence of the Court.

(3.) The defendants opposed the suit by raising the numerous preliminary objections and alleged that defendants used to borrow the money from Ram Kumar who used to obtain their signatures on the blank papers as security. By using the same had converted into a forged and fabricated agreement to sell in question. In fact, the plaintiff had approached the defendants to take the suit land on lease. In such circumstances, the defendants had reached Kaithal for execution of the same but converted the same into agreement to sell. On receipt of the notice of Sub-Registrar, appeared and denied to have entered into agreement to sell.