REKHA MITTAL,J. - (1.) The present appeal has been directed against the consistent findings recorded by the courts below whereby suit filed by Amarjit Singh respondent No. 1 was decreed by the trial court and the appeal preferred by Avtar Singh and Balwinder Kaur legal representatives of Kirpal Singh (defendant No. 1 in the suit), has been dismissed.
(2.) Amarjit Singh son of Kartar Singh filed a suit for specific performance of an agreement dated 4.7.1998 in respect of land measuring 60 kanals 8 marlas, detailed in the head note of the plaint along -with all rights appurtenant thereto such as share in taur, chah, shamlat, passage and electric motor of 10 BHP and 5 BHP along with connection and security deposits etc. for a sale consideration of Rs. 7,50,000/ - out of which an amount of Rs. 5,00,000/ - was paid as advance money as per agreement dated 4.7.1998. The said agreement was alleged to be executed by Sh. Kirpal Singh through his attorney namely Manpreet Kaur wife of Sh. Gurpreet Singh, real brother of Amarjit Singh plaintiff.
(3.) Kirpal Singh (since deceased) filed the written statement vehemently contesting claim in regard to his liability to execute the sale deed on the basis of agreement to sell propounded by the plaintiff/respondent. It was pleaded that a fraud has been played upon the answering defendant by the plaintiff in connivance with defendant No. 2. He raised certain legal objections in regard to suit being barred under Order 2, Rule 2 of the Code of Civil Procedure (for short "CPC") and the plaintiff being guilty of concealing material facts from the Court. During pendency of the suit, Kirpal Singh was proceeded against ex parte on 5.3.2004 and eventually suit filed by the plaintiff -respondent was decreed vide judgment and decree dated 28.4.2004 passed by the Additional Civil Judge, Khanna.;