SURESH CHAND Vs. MANSINGH

JUDGEMENT

(1.) Instant appeal filed by the appellant-plaintiff (for short 'the plaintiff') against the judgment and decree dtd. 15/3/2002 passed by Additional District Judge, Dholpur in Civil Suit No.53/91, whereby the suit for specific performance of contract filed by the plaintiff was dismissed.

(2.) Brief facts of the case are that plaintiff filed a suit on 3/12/90 for specific performance of contract in which plaintiff mentioned that a written agreement to sell dtd. 24/8/87 was executed by the respondent-defendant (for short 'the defendant') in favour of the plaintiff for selling his agricultural land as mentioned in the agreement to sell and in para No.1 of the suit. The plaintiff had paid Rs.1,00,000.00 to the defendant and remaining Rs.10,000.00 was said to be paid upto 24/8/89. The plaintiff was always ready and willing to perform his part of the contract but when cost of land was increased, so, defendant did not agree to execute the sale deed. So, the plaintiff filed the suit for specific performance of the contract.

(3.) Defendant filed a written statement and denied the execution of the agreement to sell with regard to the land in question in favour of the plaintiff and also denied to receive an amount of Rs.1,00,000.00 from the plaintiff and also submitted that signature of the defendant on agreement to sell was obtained fraudulently. So, suit filed by the plaintiff be dismissed.