BANI SINGH Vs. MUKESH GUPTA

JUDGEMENT

(1.) The above appeal has been filed against the original judgment and decree dated 19 .11.2004 passed by the Civil Judge Ghaziabad in original suit no.793 of 1999 whereby the suit for specific performance of contract to sell dated 14 . 5.1998 in respect of house described in the plaint has been decreed.

(2.) The background facts may be noticed in brief:-

(3.) The suit was contested on number of pleas. However, the execution of agreement of sale was not denied. The defendant came out with the case that the agreement is void for want of consideration and its registration is an act of forgery committed by officials of the Office of Sub-Registrar-III, Ghaziabad in collusion with the plaintiff. It was also set out that the defendant had entered into an earlier unregistered agreement with the plaintiffs brothers in respect of the same property but said agreement was also void ab initio for want of consideration by the plaintiff to the defendant. Certain other pleas were also set out in the written statement. He also filed counter claim.