Darshan Singh, J. - (1.) This application has been filed under Section 5 of the Limitation Act for condonation of delay of 203 days in filing the present appeal. Heard. In view of the reasons mentioned in the application, the application stands allowed and the delay of 203 days in filing the present appeal is hereby condoned. R.S.A No. 5822 of 2016(O&M) The present appeal has been preferred against the judgment and decree dated 19.01.2016 passed by the learned Additional District Judge, Amritsar, whereby the appeal filed by defendant-respondent has been partly allowed to the extent that the suit filed by the plaintiff for specific performance of agreement to sell dated 26.11.2009 and permanent injunction was dismissed. However, the plaintiff was granted the alternative relief of recovery of Rs. 2.5 lacs along with costs and interest at the rate of 12% per annum on the principal amount of Rs. 2.5 lacs till realization.
(2.) Appellant-Plaintiff-Santokh Singh filed the suit for specific performance of the agreement to sell dated 26.11.2009 executed in his favour by respondent-defendant-Ajit Singh for the sale of his land measuring 3 kanals situated in the revenue estate of village Cheema Bath, Tehsil Baba Bakala, District Amritsar for a sum of Rs. 4,12,500/-. The sale deed was agreed to be executed and registered on 25.11.2010. Defendant-respondent received a sum of Rs. 2.5 lacs as earnest money. But, he failed to perform his part of contract. Though, the plaintiffappellant was ready and willing to perform his part of contract. Hence the suit.
(3.) Defendant-Respondent contested the suit on the grounds inter alia that he has not executed any agreement to sell in favour of the defendant nor he received the earnest money, in-fact he and the plaintiff are the real brothers. He was in need of money for domestic use and he got a sum of Rs. One lac from the plaintiff as a loan. At that time, his thumb impressions were obtained by the plaintiff on 2-3 blank papers and in one register with the assurance that those will be obtained as security and will be returned to the defendant when he will repay the amount of Rs. One lac. He put his thumb impression on the blank stamp papers in good faith. But, the said stamp papers have been misused by the plaintiff to prepare the forged agreement to sell. With these pleas, he pleaded for dismissal of the suit.;