R.L.ANAND, J. - (1.) THIS is a defendant's appeal and has been directed against the judgment and decree dated 11.5.2000 passed by the learned District Judge, Rupnagar who dismissed the appeal by affirming the judgment and decree dated 25.11.1998 passed by the Court of Additional Civil Jude (Sr. Division), Rupnagar who decreed the suit of the plaintiff for possession by way of specific performance.
(2.) SOME facts can be noticed in the following manners. The case set up by the plaintiff-respondent before the trial Court was that on 7.2.1995 defendant entered into an agreement for selling the suit property to the plaintiff for a consolidated amount of Rs. 2,50,000/- and received Rs. 50,000/- as an earnest money. As per the terms of the agreement the sale deed was to be executed on or before 7.2.1997. The plaintiff was ready and willing to perform her part of the contract. The defendant backed out of the agreement. So much so plaintiff went to the office of the Sub Registrar on 10.2.1997 as from 7.2.1997 to 9.2.1997 were gazetted holidays. In spite of the fact that plaintiff was ready and willing to perform her part of the contract the defendant backed out from the agreement. Hence the plaintiff filed a suit for specific performance. The suit was contested by the defendant on the ground that agreement is false and fabricated. The appellant wanted to raise a loan for his domestic purposes and the respondent promised to lend the loan to the appellant on interest at the rate of 12% per annum and fraudulently got the signatures of the appellant on blank papers on the plea that she will execute the loan documents on these papers and the plaintiff might have got scribed the agreement to sell the property in question on these papers. In short the defence of the defendant was that he never executed any agreement of sale in favour of the plaintiff and the agreement relied upon by the plaintiff is a forgery.
(3.) ON the pleadings of the parties the following issues were framed :- 1. Whether the defendant has executed the agreement dated 7.2.1995 and agreed to sell the suit property to the plaintiff for a consideration of Rs. 2,50,000/- and received Rs. 50,000/- as earnest money ? OPP 2. Whether the plaintiff was ready and willing to perform his part of the agreement and is still ready and willing to perform his part of the agreement ? OPP 3. Whether the plaintiff is entitled for the possession of the suit property by way of specific performance of the agreement dated 7.2.1995 ? OPP 4. Whether the suit is maintainable in the present form ? OPP ;