- (1.) THIS is defendant's second appeal challenging the judgments and decrees of the Courts below in a suit for possession by way of specific performance of the agreement in question.
(2.) PLAINTIFF -respondent No.1 filed the instant suit against the appellant and respondent No.2 stating that the appellant had executed an agreement to sell dated 4.5.1999 with respect to the suit land at the rate of Rs. 1,50,000/ - per acre and had received a sum of Rs. 1,62,000/ - as earnest money. According to the plaintiff -respondent No.1, defendant -appellant had agreed to execute the sale deed on or before 5.7.1999. However, on that day, he remained present in the office of Sub Registrar whereas appellant did not turn up for execution of the sale deed in his favour. Thus, necessity arose to file the instant suit.
(3.) UPON notice, appellant filed written statement raising various preliminary objections. It was averred that plaintiff was money lender and had filed the instant suit just to harass the appellantdefendant. Appellant neither entered into an agreement to sell nor received any earnest money from the plaintiff as alleged and the same was result of fraud and mis -representation and not binding upon his rights. It was further averred that appellant had taken a loan amount from the plaintiff and the plaintiff had taken his signatures on the blank papers for the purpose of security of the loan and has prepared the same into the agreement to sell. Appellant further stated that he had repaid the loan amount of Rs. 1,15,000/ - along with interest except a sum of Rs. 45,000/ - and thereafter, plaintiff executed a receipt dated 13.11.1999 in this respect in the presence of the witnesses and subsequently defendant No.1/appellant has also repaid the remaining amount to the tune of Rs. 45,000/ - to him.;