JASMER SINGH Vs. RACHHPAL SINGH AND ANOTHER

JUDGEMENT

(1.) Suit filed by the plaintiff-appellant was dismissed by the Trial Court, vide judgment and decree, dated 19.09.2016, as even the appeal preferred against the said decree failed, and was dismissed on 15.11.2017, he is before this Court in Regular Second Appeal. Parties to the lis, hereinafter shall be referred to by their original position in the suit.

(2.) Plaintiff prayed for a decree for possession by way of specific performance of the agreement to sell, dated 05.06.2006. In brief, the case set out by him was that defendant-Rachhpal Singh was owner of a shop, and a land measuring 3 Marlas 4 1/2 Sarsahi. And, an agreement to sell, dated 05.06.2006, was entered into between the parties qua the said property, for total consideration of Rs.2,50,000/-, Rs.1,09,000/- were received by the defendant as earnest money at the time of execution of the agreement to sell. The date fixed for execution and registration of the sale deed was 05.06.2007, which was extended to 12.06.2009. Plaintiff was always ready and willing to perform his part of the contract. However, as the defendant-Rachhpal Singh failed to execute the sale deed, thus, the suit.

(3.) In the written statement filed by defendant-Rachhpal Singh, execution of the agreement to sell, dated 05.06.2006, was denied. The agreement, dated 05.06.2006, was alleged to be a forged and fabricated document.