VINOD K.SHARMA,J. - (1.) THE petitioner has challenged the order dated 12.9.2007 passed by the learned Additional Civil Judge (Senior Division), Ganaur, declining an application moved by the petitioner for leading additional evidence to prove on record the photocopy of the 'receipt'.
(2.) THE respondent-plaintiff filed a suit for possession by way of specific performance of agreement to sell dated 10.1.2001. It was claimed in the suit that the defendant-petitioner entered into an agreement to sell agricultural land measuring 16 kanals 15 marlas situated at village Bhora Rasulpur, Tehsil Ganaur, District Sonepat with the plaintiff and one Randhir son of Ram Sarup resident of village Karhans, Tehsil Smalkha for a consideration of Rs. 1,82,000/- per acre. A sum of Rs. 80,000/- was said to have been paid as earnest money. In the suit filed, it was claimed that Randhir relinquished his share in favour of plaintiff/respondent. The suit was contested and it was claimed that Randhir is a financier and, in fact, there was loan transaction between the parties and the documents executed to secure the loan have been used as agreement to sell. It was the case of the petitioner/defendant that he got loan from the plaintiff against agricultural land as security and that the petitioner paid the loan amount by way of instalments.
(3.) IT was also pleaded that receipt used to be issued against instalments. It is further the case of the petitioner that the respondent asked the petitioner to hand over all the receipts, to tally account with a promise to return the same after reconciliation. But the receipts were not returned. The petitioner further pleaded that at time of return of receipts for reconciliation, he got photocopy prepared for his record.;