MANJEET SINGH Vs. CHARANJEET KAUR

JUDGEMENT

(1.) The present first appeal has been preferred against the judgment and decree dtd. 23/3/2022 passed by the Additional District Judge No.2, Sriganganagar in Civil Original Suit No.06/2018 whereby the suit for specific performance of the contract and permanent injunction has been decreed.

(2.) Brief facts of the case are as under:

(3.) A written statement was filed by the defendant-Manjeet Singh and he categorically denied the receipt of the amount of Rs.9,00,000.00 on 20/8/2016 qua consideration. It was the case of the defendant that the agreement to sell dtd. 19/7/2017 was a document for security purposes executed by him under duress. In fact, the defendant had taken an amount of Rs.2,00,000.00 as loan from the plaintiff's husband on a certain rate of interest and he continued to pay the interest per month on the said loan amount. But when he failed to repay the principal amount, he was forced by Inderjeet Singh, husband of the plaintiff to execute the 'agreement to sell' in his favour. It was only with an intention to gain some time to repay the loan amount that he executed the agreement to sell dtd. 19/7/2017 but in fact no such sale was ever intended by him. The same is evident even from the fact that both the witnesses to the document are the close relatives of the plaintiff herself.