SUBEG SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) This regular second appeal has been preferred seeking to challenge the impugned judgment and decree dated 23.04.2015 passed by the Additional District Judge, Bathinda affirming the judgment and decree dated 01.02.2012 passed by the Court of Additional Civil Judge (Sr. Division), Talwandi Sabo by which suit for specific performance of agreement to sell qua house as detailed in the plaint has been allowed.

(2.) Brief facts of the case are that the respondent-plaintiff herein filed suit for specific performance of agreement to sell dated 02.06.2010 with an alternate prayer that in case the primary relief of specific performance of agreement to sell is denied, then the respondent-plaintiff be allowed to recover Rs.23.50 lakhs as earnest money paid along with costs. In order to prove his case, the respondent-plaintiff adduced evidence to prove the agreement to sell dated 02.06.2010 Ex.PI, endorsement of receipt of Rs. l lakh, copy of the register of the stamp vendor and examined attesting witnesses and the stamp vendor etc. whereas the appellant-defendant himself stepped into the witness box and deposed through his affidavit reiterating the version of the written statement. He too examined two witnesses and thereafter, the matter was argued.

(3.) The trial court on appreciation of the evidence came to hold that the respondent-plaintiff had been able to prove the agreement, which finding was subsequently affirmed by the lower Appellate Court.