RAJENDRA SINGH Vs. CHANDRA PAL

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) In Original Suit No. 92/2009, Rajendra Singh v. Chandrapal, the plaint case in brief was that defendant is owner of 1/4th share of property detailed at the foot of the plaint. He had entered into registered agreement for sale of said property in favour of plaintiff on 9.3.2006, by which it was admitted between the parties that defendant will sell that property for consideration of Rs. 80,000/- and he had received Rs. 75,000/- as advance consideration at the time of registration of said agreement to sell. It was agreed between the parties that sale-deed will be executed by defendant within 11 months after receiving remaining amount of Rs. 5,000/-. Plaintiff has been ready and willing to perform his part of contract and had repeatedly requested the defendant, but defendant had not executed sale-deed in spite of plaintiff's reminder and registered notice served on him. Therefore, plaintiff had filed suit for specific performance.

(3.) Plaint case was denied by defendant through written-statement, in which he further pleaded that plaintiff is a money lender. When defendant had requirement for some money, so he approached the plaintiff because he could not obtained loan from bank, then plaintiff had agreed to grant him loan on interest, for which he took defendant to Tehsil, where defendant's photographs were taken and he was asked to put signatures on several documents and received Rs. 60,000/-. After 10 months, defendant was again in need of money, so he received loan of Rs. 1,000/- from plaintiff and had put his thumb impression and signature on several documents after getting his photographs taken. No document was read or explained to defendant. When defendant had returned the loan and asked the plaintiff to return document of loan, then plaintiff had not returned those documents and filed suit on the basis of incorrect facts.