L.N. MITTAL, J. - (1.) DEFENDANT-Joga Singh having lost in both the Courts below is in second appeal.
(2.) RESPONDENT-plaintiff-Parveen Kumar filed suit against defendant-appellant for possession of suit land measuring 8 kanals being 160/2668 share of 133 kanals 8 marlas by specific performance of the agreement to sell dated 20.05.2002. The plaintiff alleged that the defendant agreed to sell the suit land to the plaintif for total consideration of Rs.1,50,000/- and received Rs.1,25,000/- as earnest money and executed the aforesaid agreement. Sale deed was to be executed upto 19.04.2003. Since there were holidays from 19.04.2003 to 21.04.2003, the plaintiff went to the office of Sub- Registrar on 22.04.2003 to get the sale deed executed in terms of the agreement, but the defendant did not turn up and committed breach of the agreement. The plaintiff served notice dated 17.09.2004 on the defendant, who received it on 18.09.2004, but the defendant did not do the needful. The plaintiff in November, 2005 also made oral request to the defendant, but without any result. Another notice dated 02.12.2005 was served on the defendant, who received it on 03.12.2005, but still the defendant did not execute the sale deed and committed breach of the agreement whereas the plaintiff always remained ready and willing to perform his part of the contract. The defendant broadly denied the plaint allegations. He denied having agreed to sell the suit land to the plaintiff or having received any earnest money or having executed the impugned agreement. The defendant alleged that plaintiff is partner in firm carrying on business as commission agent. The defendant used to sell his agricultural produce at the said shop of the plaintiff. The plaintiff might have procured defendants signatures on stamp paper, but the defendant never executed the impugned agreement. Various other pleas were also raised. Learned Additional Civil Judge (Senior Division), Pehowa vide judgment and decree dated 16.01.2009 decreed the plaintiffs suit. First appeal preferred by defendant has been dismissed by learned District Judge, Kurukshetra vide judgment and decree dated 29.01.2011. Feeling aggrieved, defendant has filed the instant second appeal.
(3.) I have heard learned counsel for the appellant and perused the case file.;