- (1.) Defendants No. 1 and 3 to 6 have filed this second appeal having failed in both the Courts below. Respondent No. 1-plaintiff Roshan Lal filed suit against appellants and proforma respondent No. 2 as defendant No. 2 for possession of 6 kanals 8 marlas land by specific performance of agreement to sell dated 04.03.2004. The plaintiff alleged that Lakhwinder Singh defendant No. 3 and Iqbal Singh father of defendants No. 1 and 2 agreed to sell the suit land to plaintiff along with tubewell etc. for Rs. 2,50,000/- and received Rs. 1,00,000/- as earnest money and executed agreement dated 04.03.2004. Sale deed was to be executed upto 03.03.2005. However, on 10.01.2005, the aforesaid vendors Iqbal Singh and Lakhwinder Singh received further amount of Rs. 3,00,000/- and extended the date of sale deed to 15.05.2005. Iqbal Singh has since died and has been inherited by his sons-defendants No. 1 and 2. Plaintiff has always been ready and willing to perform his part of the contract but Iqbal Singh and defendants No. 1 to 3 committed breach thereof. Vendors Iqbal Singh and Lakhwinder Singh transferred the suit land to defendants No. 4 to 6 by way of sale deed dated 07.07.2006 to defeat the rights of the plaintiff. Plaintiff has alleged that the said sale deed is not binding on him.
(2.) It may be mentioned that defendant No. 4 is wife of defendant No. 3 whereas defendants No. 5 and 6 are wives of defendants No. 1 and 2 respectively.
(3.) Defendants No. 1 to 3 broadly denied the plaint averments. They denied that Iqbal Singh and Lakhwinder Singh (vendors) had agreed to self the suit land to the plaintiff or had received any earnest money or executed the impugned agreement or received further amount of Rs. 3,00,000/- and extended the date of execution of sale deed. It was alleged that the vendors used to sell their crop at the shop of Balwant Singh-commission agent who used to obtain their signatures/thumb impressions on blank stamp papers as security for advances made to the vendors who used to repay the same by selling the crop. The impugned agreement has been fabricated on the said blank thumb marked papers in connivance with Balwant Singh-commission agent and others.;