- (1.) This appeal is directed against judgment and order dated 22.01.2014, passed by the High Court of Punjab and Haryana in Regular Second Appeal No. 1344 of 2011 (O&M) whereby said court has dismissed the appeal, and affirmed the decree passed by the first appellate court regarding specific performance of contract, in a suit filed by the plaintiff/respondent No.1. We have heard learned counsel for the parties and perused the papers on record.
(2.) Brief facts of the case are that plaintiff/respondent No.1 Asaruddin entered into an agreement with defendant No. 1/ appellant Ramesh Chand on 21.06.2004, whereby the appellant agreed to sell his land measuring 12 kanals, 16 marlas, situated in Village Mohammed Nagar, Tehsil Ferozpur Jhirka, District Gurgaon, to the respondent No. 1 for an amount of rupees six lacs. An agreement for sale was executed between the parties after the appellant accepted rupees four lacs as a part of consideration. It was further agreed between the parties that the land in suit, mortgaged with defendant No. 2/respondent No. 2 Gurgaon Gramin Bank, Nagina, would be redeemed by the appellant before execution of the sale deed. It is pleaded by the plaintiff/respondent No. 1 that he was and is always ready and willing to perform his part of contract. The plaintiff/respondent No. 1 gave notice to the appellant to execute the sale deed on 30.11.2004, and remained present with the balance amount of consideration in the Office of Sub Registrar, Nagina, and got his presence marked. But the appellant failed to turn up to execute the sale deed, as agreed between him and the respondent No. 1. Hence the suit for specific performance of contract.
(3.) The appellant-defendant No.1 contested the suit and filed the written statement before the trial court. He denied the execution of the agreement dated 21.06.2004 to sell his land. It is pleaded by the appellant before the trial court that he had already executed agreement dated 07.05.2004 to sell the land in favour of one Pravin Kumar, resident of Tauru for an amount of Rs.7,62,200/- after receiving Rs.1,20,000/- as earnest money. In the circumstances, there was no occasion to enter into agreement with the respondent No.1 to sell the same land. It is further pleaded that since the answering defendant was in the need of money, he had taken loan of Rs.1,50,000/- from the plaintiff on 21.06.2004, on interest at the rate of 1.5% per month. The appellant specifically denied having received rupees four lacs, as alleged by the plaintiff. It is further pleaded that when respondent No. 1 made demand for repayment of Rs.1,50,000/- with interest, and created pressure, the answering defendant asked Pravin Kumar to make payment of Rs.1,80,000/- to the plaintiff. It is further alleged that after said payment was made to the plaintiff on 10.11.2005 by Pravin Kumar, the alleged agreement dated 21.06.2004, which was a kind of security, stood cancelled. And respondent No. 1 should have returned the document to the plaintiff.;