- (1.) Defendants Krishan Kumar and his wife Santo having remained unsuccessful in both the courts below have filed this second appeal. Suit was filed by Balbir Singh plaintiff (since deceased and represented by respondents as his legal representatives) against the defendants/appellants for possession of the suit land measuring 10 kanals by specific performance of agreement to sell dated 7.7.2000 alleging that defendant No. 1 being owner in possession of the suit land agreed to sell the same to the plaintiff at the rate of Rs 75,000/- per acre and received Rs 85,000/- as earnest money and executed agreement dated 7.7.2000 along with acknowledgment of the earnest money on its back. Sale deed was to be executed upto 22.7.2000. However, it was holiday on 22.7.2000 as well as on 23.7.2000. Accordingly, the plaintiff went to the office of Sub Registrar on 24.7.2000 to get the sale deed executed in terms of the agreement but defendant No. 1 did not turn up and committed breach of the agreement. The plaintiff has always been ready and willing to perform his part of the contract. Plaintiff learnt in first week of September, 2000 on approaching Patwari Halqa for copy of jamabandi for taking further steps pursuant to agreement, that defendant No. 1 had executed registered release deed dated 20.7.2000 of the suit land in favour of his wife defendant No. 2. In the suit, said release deed was also challenged being not binding on the plaintiff.
(2.) The defendants in their written statement controverted the averments made by the plaintiff. Execution of impugned agreement and receipt of earnest money by defendant No. 1 was denied. It was pleaded that in family settlement, suit land had already fallen to the share of defendant No. 2 prior to the alleged agreement. It was also pleaded that the plaintiff was on visiting terms with the defendants and taking advantage of illiteracy of defendant No. 1, plaintiff obtained signatures of defendant No. 1 on some papers and procured the alleged agreement in connivance with marginal witnesses thereof. Defendant No. 1 never agreed to sell the suit land to the plaintiff nor received any amount from him. Market value of the suit land was also more than Rs 1,50,000/- per acre. Release deed by defendant No. 1 in favour of defendant No. 2 was defended. Various other pleas were also raised.
(3.) Learned Civil Judge (Junior Division), Dabwali vide judgment and decree dated 8.9.2009 decreed the plaintiff's suit. First appeal preferred by defendants has been dismissed by learned District Judge, Sirsa vide judgment and decree dated 15.10.2010. Feeling still dis-satisfied, defendants have filed the instant second appeal.;