SATISH KUMAR MITTAL, J. - (1.) THIS is plaintiff's Regular Second Appeal against the judgment and decree dated 22.11.1983 passed by Additional District Judge, Hissar, whereby suit of the plaintiff for recovery of Rs. 4,000/- and in alternative suit for possession by way of specific performance has been dismissed.
(2.) THE plaintiff-appellant filed the aforesaid suit by alleging that on 28.4.1977, the defendant-respondent entered into an agreement with the plaintiff to mortgage his land measuring 16 Kanals for 4,000/-. On the very same day, he received the mortgage money of Rs. 4,000/- and delivered possession of the mortgaged land to the plaintiff. According to the terms of the said agreement, the defendant was to get the agreement registered by 1.5.1978 and in case, the defendant failed to get the mortgage deed registered in time, the plaintiff was entitled to get the mortgage deed registered through the court. It was further agreed that in case, the mortgage money is paid back to the mortgagee before 1.5.1978, then the agreement shall be treated as cancelled. The defendant contested the suit stating that he never entered into the alleged agreement with the plaintiff and he also denied receipt of the mortgage money from the plaintiff. He took the plea that in case any such document is proved to have been executed, the same was obtained by fraud and mis-representation. He also took the plea of limitation and res-judicata.
(3.) ON the pleadings of the parties, the following issues were framed :- 1. Whether the defendant entered into an agreement to mortgage with possession of the suit land in favour of the plaintiff on 28.4.77 and received Rs. 4000/- from the plaintiff as mortgage money ? OPP 2. Whether the plaintiff has always been ready and willing to perform his part of the contract ? OPP 3. Whether the defendant has failed to get the mortgage deed executed and registered as per agreement ? OPP 4. Whether the plaintiff is estopped from filing the suit ? OPD 5. Whether the suit is barred by the principle of res-judicata ? OPD 6. Whether the suit is time barred ? OPD 7. Whether the suit is not maintainable in the present form ? OPD 8. Relief. ;