HARPREET KAUR MINOR Vs. SAKATTAR SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Ms.Harpreet Kaur, minor daughter of Sh.Tarlok Singh, resident of village Mathola, Tehsil Batala, District Gurdaspur through her mother, natural guardian and next friend Smt.Sukhwinder Kaur had brought a suit against the defendants - Sakattar Singh and Ranjodh Singh both sons of Sh.Santokh Singh, residents of that very village seeking possession by way of specific performance of agreement to sell dated 18.3.2001; in the alternative seeking recovery of Rs.5 lakhs.

(2.) As per the version of the plaintiff, defendants being owners of suit land measuring 8 kanals situated at village Mathola, Tehsil Batala entered into an agreement to sell the same with the plaintiff on 18.3.2001 for a sum of Rs.2,50,000/- receiving the entire consideration amount agreeing to execute the sale deed on or before 28.5.2001; that on the stipulated date, mother of the plaintiff went to the office of Sub Registrar concerned along with expenses for completion of transaction but the defendants failed to execute the sale deed, giving rise to a cause of action to the plaintiff to bring the suit in question.

(3.) On notice, the defendants appeared and filed written statement contesting the suit denying having entered into any agreement to sell with the plaintiff or receiving Rs.2,50,000/- as earnest money etc. According to the answering defendants, the plaintiff in collusion with some anti-social elements had pressurised them to transfer the suit land and got signatures of defendant No.1 on blank and unstamped paper, which was later on fabricated into an agreement to sell; that the plaintiff and her mother had already filed a suit for possession on the ground that the suit property belonged to Bakshish Singh. Such defendants had raised several legal objections also and in the end they prayed for dismissal of the suit.