Laxmi Narain Mittal, J. - (1.) CM No. 635 -C of 2012: Allowed as prayed for. Main Appeal:
(2.) PLAINTIFF Sita Ram, having failed in both the courts below, has filed the instant second appeal. Plaintiff -appellant filed suit against defendant -respondent Om Parkash for specific performance of the agreement to sell dated 20.02.2005 and in the alternative, for recovery of Rs. 44,400/ - as compensation for breach of contract. Plaintiffs case is that the defendant, along with his two brothers and two sisters, agreed to sell 02 bighas 13 biswas land to the plaintiff @ Rs. 450/ - per square yard. The plaintiff paid Rs. 1,50,000/ - to the prospective vendors at the time of execution of agreement and further paid Rs. 72,000/ - on 29.05.2005. Sale deed was agreed to be executed on 30.11.2005. The aforesaid land was under mortgage with the Bank. The prospective vendors had to redeem the said mortgage before execution of the sale deed. Vendors failed to redeem the mortgage. Accordingly, on their request, date for execution of sale deed was extended up to 30.12.2005. Defendant's one brother and both sisters, on 21.12.2005, executed sale deed of their share in favour of Smt. Sudesh Kumari, as desired by the plaintiff, pursuant to the impugned agreement. However, defendant and his brother Balwan Singh failed to execute the sale deed of their share. The instant suit is regarding share of defendant only. The plaintiff alleged that he had always been ready and willing to perform his part of the contract, but defendant failed to perform his part of the contract, necessitating the filing of the suit.
(3.) THE defendant denied the plaint allegations broadly. He denied having executed impugned agreement. It was alleged that if the agreement is found to have been signed by him, his signatures were obtained thereon by fraud and misrepresentation. Only defendant's brothers and sisters wanted to sell their land and defendant was asked to sign the papers for smooth execution of the sale deed by his brothers and sisters. It was also alleged that suit is barred by limitation. Various other pleas were also raised.;