JENI Vs. LAKHAN

JUDGEMENT

(1.) The present appeal is directed against the concurrent finding of fact whereby suit of the appellant-plaintiff for declaration of setting aside the agreement dtd. 25/7/2007 and sale deed dtd. 8/1/2008 with consequential relief of injunction has been dismissed and affirmed by the lower Appellate Court.

(2.) The plaintiff alleged that defendant Lakhan Singh was known to him and gave assurance for obtaining loan and took him to the Bank for execution of mortgage but managed to get aforementioned two impugned documents. It was further alleged that as per aforementioned documents plaintiff agreed to sell the suit property for total sale consideration of Rs.26,30,000.00 against payment of earnest money of Rs.6,50,000.00 whereas the sale deed is of Rs.24,00,000.00, though there is reflection of the agreement to sell and earnest money remains same. There was mandatory requirement to get the sale deed attested through Numberdar of the village but it was otherwise, thus, there was defiance of the notification issued by the Haryana Government.

(3.) Defendant opposed the suit and raised numerous preliminary objections. On merits, it was stated that sale deed was on account of his own volition without any undue influence or fraud as it bore photographs. The complaint submitted by the plaintiff was investigated by the police and found to be false. Plaintiff in order to prove the case examined himself as PW1, Rattan as PW2, Rajinder Singh as PW3, Ahmed Jain, registry clerk as PW4, Munna Lal Clerk, Co-ooperate Bank as PW5 and brought on record numerous documents spanning from Ex.P1 to P19 and Mark A to Mark Q. On the other hand, defendant examined eight witnesses and brought on record documents Ex.DW1/A, DW2/A, DW4/A, Ex.D1 to D8, Ex.DW5/A to DW5/C and Mark D1.