- (1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 10.05.2010, Annexure P3, passed by learned Additional Civil Judge, Senior Division, Malerkotla, vide which application, dated 24.05.2007, Annexure P1, filed by respondent No. 1-plaintiff, seeking permission to lead secondary evidence regarding agreement to sell dated 14.09.2004 and receipt dated 07.11.2004 was allowed and respondent No. 1 has been permitted to lead secondary evidence qua the said two documents. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.
(2.) Facts relevant for the decision of present revision petition are that admittedly an agreement to sell dated 14.09.2004 was executed by present petitioner-defendant in favour of respondent No. 1-plaintiff vide which petitioner agreed to sell the land in dispute to respondent No. 1-plaintiff on total consideration of Rs. 40,55,000/-. Rs. 5 lacs were received as earnest money on 14.09.2004 and another sum of Rs. 5 lacs were received by petitioner as earnest money on 07.11.2004. Petitioner on the request of respondent No. 1-plaintiff executed sale deed No. 1864 dated 30.12.2004 regarding one half of the property in dispute in favour of his father on receipt of Rs. 10,20,000/-. However, so far as the remaining half of the total property is concerned, sale deed was not executed as per the agreement. Hence, plea has been taken by respondent No. 1-plaintiff that though he was always ready and willing to perform Ms part of the contract, however, petitioner-defendant No. 1 failed to perform his part of the contract and hence, this suit.
(3.) Petitioner-Defendant No. 1 took the plea that agreement to sell dated 14.09.2004 was mutually cancelled, after registration of the sale deed of half share of the property in favour of father of respondent No. 1-plaintiff.;