ASHWANI KUMAR Vs. JASPAL SINGH

JUDGEMENT

(1.) Defendant-Appellant is in the regular second appeal against the judgment passed by the First Appellate Court granting relief of specific performance of the agreement to sell in place of refund of the earnest money along with interest granted by the trial Court.

(2.) It has also come in evidence that another amount of Rs.1,00,000/- was also credited to the account of the plaintiff although, from the account of one Charanjit which the defendant claims to be his friend and this amount was on account of transaction which would be explained in subsequent para.

(3.) The defendant while filing the written statement has taken a positive stand that there was no intention to sell the property. In fact, the defendant wanted to go to a foreign country and since the plaintiff was friend of a travel agent in Delhi, therefore, a deal was struck for Rs.15,50,000/- and since the defendant did not had the money, therefore, this agreement to sell was executed and Rs.9,00,000/- was shown as paid as earnest money. It will be noted that the agreement to sell is with respect to half share of a plot on which a factory is constructed and the plot jointly belongs to the defendant and his brother who is not signatory to the agreement to sell. The agreement to sell is with regard to half share of the factory.