DHARAMJIT KAUR Vs. JAGIRO

JUDGEMENT

(1.) Main suit has been filed by plaintiff/non-applicant for specific performance of contract i.e. agreement to sell the suit land to the plaintiff by defendant and also for transfer of ownership with possession of the suit land by directing to execute sale deed in terms of agreement to sell, alleged to have been entered upon between the plaintiff and defendant on 18.1.2014. The suit has been filed on 29.5.2014 after serving a notice dated 20.5.2014 upon the defendant to receive the balance amount of consideration of the agreement to sell and to execute and get the sale deed registered in favour of the plaintiff. According to the plaintiff, registered notice had reached at the address of defendant on 22.5.2014, but defendant avoided to receive the said notice by informing the postman her non-availability on the given address despite the fact that she was very much present at her given address and Whether the reporters of the local papers may be allowed to see the Judgment? Yes thereafter defendant had refused to accede to the oral requests of the plaintiff made on 23rd and 24th May, 2014 to perform her part of contract.

(2.) Though claim of plaintiff was opposed mainly on the ground that agreement to sell, relied upon by the plaintiff, is an instrument of fraud and misrepresentation, have been prepared by the plaintiff by taking undue advantage of simplicity, rusticity and illiteracy of the defendant, however on 8.3.2018, defendant appeared in the Court along with her nephew Sh.Jaswant Singh, S/o Karam Chand for recording her statement on oath, wherein she has stated that she is ready to execute the sale deed in favour of plaintiff in performance of agreement to sell in question, but after receiving the remaining consideration amount along with interest thereon and further that that she is also ready to indemnify her brothers namely Karam Singh and Sarwan Singh with regard to Rs.1,00,000/- received by her from them in the year 2001 for the reason that agreement with them was not acted upon.

(3.) Present application has been filed by one Sarwan Singh, who is real brother of defendant Jagiro and also of Karam Singh who is father of Jaswant Singh and Jaswant Singh is assisting defendant Jagiro in defending present suit. He has prayed for his impleadment as defendant in present suit on the ground that the suit land in question was also agreed to be sold by defendant in his favour and his brother Karam Singh by executing an agreement to sell on 21.12.2001, which was extended vide subsequent agreement dated 21.6.2002, wherein no time was fixed for execution of sale deed by keeping it open at the option of applicant to get the sale deed executed as and when the applicant wish and require to execute the sale deed of the suit land. As per applicant, he along with his brother Karam Singh has also filed a suit for possession by way of specific performance of the contract and in the alternative suit for damages, by placing a copy of plaint on record, which indicates that the said suit was registered as Civil Suit No. 82/1 of 2014 on 28.4.2014 in the Court of Civil Judge (Senior Division), Nalagarh, District Solan, H.P.