IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 05.02.2025 Satpal Munjal ... Appellant(s)

Versus Naresh Kumar ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Man Mohan, Advocate for the appellant.

ALKA SARIN, J. (Oral)

1. The present appeal has been preferred by the plaintiff-appellant aggrieved by the judgment and decree dated 17.10.2016 passed by the Trial Court and the judgment and decree dated 26.11.2018 passed by the First Appellate Court.

2. Brief facts relevant to the present lis are that the plaintiff- appellant herein filed a suit for possession by way of specific performance of an agreement to sell dated 02.09.2009. It was averred in the plaint that the parties were acquainted with each other and the defendant-respondent needed money for the construction of his house at Sector 13, Bhiwani and accordingly approached the plaintiff-appellant and agreed to sell his land measuring 1 kanal i.e. 7 marlas compromised in Khewat No.266/250 Khatoni No.358 Khasra No.3//5/2 (0-7) and the land measuring 13 marlas comprised in Khasra No.4//1 (5-19), western side, situated at Village Sumera Khera, Tehsil Bawani Khera, District Bhiwani. It was further the case set up that the plaintiff-appellant agreed to purchase the land measuring 1 kanal as the same was in front of his land. A writing was executed on 02.09.2009 (Ex.P1) for a sum of ₹1,65,000/- and the same was duly signed by the parties and the witnesses, namely, Jagat Narain, Rajinder Kumar and Om Parkash. It was further the case set up that at the time of writing of the agreement, ₹1,55,000/- was paid in cash and the remaining ₹10,000/- was to be paid at the time of registration of the sale deed. The other terms were settled orally. It was further the case that on 23.04.2011 a legal notice was sent to the defendant-respondent. Thereafter, on 30.11.2011 another legal notice was sent. Since the legal notices were not acknowledged, hence, the present suit. The defendant-respondent in his written statement admitted that he had agreed to sell 1 kanal of land comprised in Khewat No.21 Khatoni No.31 situated at village Sumra Khera to the plaintiff-appellant. However, he alleged that the sale consideration was ₹65,000/-, out of which, he got ₹55,000/- from the plaintiff-appellant. However, no witnesses, namely, Jagat Narain, Rajinder Kumar and Om Parkash, as alleged by the plaintiff- appellant, were present at that time. It was further averred that the land comprised in Khewat No.21 Khatoni No.31 stood in the name of his brothers, namely, Rajpal and Sanjay Kumar and as per the family settlement, he was authorized to sell the said land. However, the plaintiff-appellant tampered with the receipt by inserting a figure ‘1’ before the amounts of ₹65,000/- and ₹55,000/- and had also given wrong description of the land. It was further averred that a fraud had been played with the defendant- respondent. It was further averred that he was willing to execute the sale deed with regard to land comprised in Khewat No.21 Khatoni No.31 on payment of the remaining amount. On the basis of the pleadings, the following issues were framed :

1. Whether the defendant agreed to execute an agreement to sell dated 02.09.2009 in favour of plaintiff of the suit property mentioned in the head note of the plaint, if so its effect ? OPP

2. Whether the plaintiff is ready and willing to perform his part of contract ? OPP

3. Whether the plaintiff has no locus standi and cause of action to file the present suit ? OPD

4. Whether the suit is not maintainable in the present form ? OPD

5. Relief.

3. The Trial Court vide judgment and decree dated 17.10.2016 dismissed the suit. Aggrieved by the same, an appeal was preferred by the plaintiff-appellant before the First Appellate Court which appeal was also dismissed vide judgment and decree dated 26.11.2018. Hence, the present regular second appeal.

4. Learned counsel for the plaintiff-appellant would contend that both the Courts have erred