Sabina, J. - (1.) PLAINTIFF Daulat Ram had filed a suit for specific performance of agreement to sell dated 17.2.1985.
(2.) THE case of the Plaintiff, in brief, was that Tej Singh was owner of the property in dispute. After the death of Tej Singh, Defendants, being his only legal heirs, had inherited the estate of the deceased including the suit land. Tej Singh, during his life time, had executed the agreement to sell in question in favour of the Plaintiff qua the suit property. Tej Singh had received Rs. 11,500/ - as earnest money and had executed a separate receipt in this regard. The balance sale price was retained by the Plaintiff for payment to the mortgagees to get the suit land redeemed. The sale deed was to be executed on or before 1.12.1985 and possession of the land was to be handed over to the Plaintiff before 15.6.1985. Tej Singh had failed to execute the sale deed in favour of the Plaintiff. The Plaintiff had always ready and willing to perform his part of the contract. Defendants, in their written statement, averred that Tej Singh had never executed the agreement to sell in question. There were some negotiations between the Plaintiff and Tej Singh for giving the land on lease. The Plaintiff and attesting witnesses in collusion with each other might have got the signatures of Tej Singh, while he was under the influence of liquor.
(3.) ON the pleadings of the parties, following issues were framed by the trial Court: 1. Whether Tej Singh, predecessor of the Defendants entered into an agreement of sale in respect of the suit land with the Plaintiff on 17.2.1985 and received a sum of Rs. 11,500/ - as earnest money? OPP. 2. Whether the Plaintiff has always been and is still ready and willing to perform his part of contract? OPP 3. Whether the suit is not maintainable in the present form ? OPD 4. Whether the agreement is a result of fraud ? OPD;