JAI KISHAN GARG Vs. RANDHIR SINGH

JUDGEMENT

(1.) Defendant-Appellant is in the regular second appeal against the judgment passed by the learned first appellate court reversing the judgment of the trial court and granting decree for specific performance of the agreement to sell dated 17.10.2005.

(2.) In the present case, signatures on the agreement to sell are not disputed, however, defendant has pleaded that the agreement to sell was executed in good faith and the same is result of fraud. It has been pleaded that the defendant is not the complete owner of the property.

(3.) Learned trial court after returning a finding that the execution of the agreement to sell and payment of earnest money has been proved, ordered refund of double of the amount of the earnest money on two grounds:-