JAGE RAM Vs. TARA CHAND

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Jage Ram had filed a suit against defendant Tara Chand seeking possession of residential plot and shop situated within municipal limits of Jhajjar (hereinafter referred to as the suit property) by way of specific performance of agreement to sell dated 3.1.2006.

(2.) As per the case of the plaintiff, the defendant being owner of the suit property had agreed to sell the same with him on 3.1.2006 for a sum of Rs.4,30,000/- in presence of Devender Singh son of Ram Kumar, resident of Dulina receiving a sum of Rs.3,30,000/-; that the final date for execution of sale deed was fixed as 15.4.2006; however, the said date was extended up to 5.11.2006 on which date, the defendant had received a sum of Rs.10,500/- from the plaintiff i.e. Rs.2,500/- in cash and Rs.8,000/- in the form of cheque of Central Cooperative Bank dated 22.8.2006; that at request of the defendant, the date for execution of the sale deed was further extended up to 15.12.2006. According to the plaintiff, he has always been ready and willing to perform his part of contract and had gone to the office of Sub-Registrar on 15.12.2006 for the purpose of getting the sale deed executed by the defendant in his favour but the defendant did not turn up; thereafter the defendant in collusion with another person wanted to execute the sale deed in respect of suit property to some other person; that on final refusal of the defendant on 20.12.2006 to execute and get registered the sale deed in favour of the plaintiff, the plaintiff had brought the suit.

(3.) On being put to notice, the defendant appeared and filed written statement contesting the suit, raising preliminary objections to the effect that the suit was not maintainable; that no cause of action arose to the plaintiff to bring the suit; that the plaintiff did not have any locus standi to file the suit and that the plaintiff was estopped by his own act and conduct from filing the suit. On merits, the defendant denied having entered into an agreement to sell the suit property with the plaintiff on 3.1.2006 for a sum of Rs.4,30,000/- or having received Rs.3,30,000/- as earnest money on that very day or for that matter, final date for execution of the sale deed having been fixed as 15.4.2006, which was allegedly extended up to 5.11.2006 or 15.12.2006. The defendant denied having received a sum of Rs.2,500/- in cash and Rs.8,000/- by way of cheque. As per the version of the defendant, he had constructed an iron gate for the plaintiff and a sum of Rs.8,000/- was due towards him from the plaintiff, which the plaintiff was not bothering to pay and a dispute arose between the parties and finally, the plaintiff made payment of Rs.8,000/- through a cheque obtaining thumb impressions of defendant on some blank papers on the pretext of preparing a receipt for payment. Refuting the remaining allegations, the defendant prayed for dismissal of the suit.