IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 2488 of 2007 Date of Decision : May 02, 2008 Harbhajan Singh ....Appellant Versus Harjinder Singh and another .....Respondents CORAM : HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. G.S.Nagra, Advocate for the appellant. T.P.S. MANN, J. Suit was filed by Harjinder Singh-respondent No. 1 for possession by way of specific performance of agreements to sell dated 21.4.1998 and 8.6.1998 in respect of land measuring 9 kanals 18 marlas situated in the area of village Mehmuwal Yusafpur, Tehsil Shahkot. In the alternative, he prayed for recovery of Rs. 4,45,500/-, including the earnest money of Rs. 3,43,000/- and the remaining as loss of bargain and damages. The suit was decreed for possession by way of specific performance of the two agreements and Harbhajan Singh-appellant was directed to execute and get the sale deed registered in favour of respondent No. 1 within two months from the date of order, i.e. on 12.4.2005. Aggrieved of the same, the appellant filed an appeal, which was dismissed by learned first appellate Court on 28.5.2007. He has now filed the present second appeal under Section 100 of the Code of Civil Procedure. Regular Second Appeal No. 2488 of 2007 Learned counsel for the appellant submitted that as per the agreement to sell dated 21.4.1998, the sale deed was to be executed on 6.6.1998. Once the stipulated date expired, there was no question of extending it for the execution of the sale deed. The agreement Ex.P.2 extending the date was scribed on the paper, which was purchased earlier, i.e. 22.5.1998. Therefore, both the agreements dated 21.4.1998 and 8.6.1998 were forged and fabricated documents. It is clear from the testimony of the appellant, who appeared as his own witness as DW1 that he remained silent about the execution of the agreement to sell dated 21.4.1998. He only deposed that he had not executed agreement dated 8.6.1998. It is, thus, apparent that he practically admitted the due execution of agreement dated 21.4.1998. In his cross-examination, the appellant stated that he always used to sign in Gurumukhi script. He was attempting to wriggle out of the agreement, which bore his signatures in English. In his anxiety, he even denied his signatures in Gurumukhi script, which appeared on his written statement. It is apparent that he started denying his signatures on whatever documents they were there before the Court even including that on his written statement. His stand that he never signed in English is belied by the fact when we peruse the power of attorney attached with the present appeal, which had been signed in favour of his counsel. The same bears his signatures in English. Under these circumstances, learned lower Courts were justified in not placing any reliance upon his testimony. Agreements dated 21.4.1998 and 8.6.1998 stand duly proved by the plaintiff-respondent, who examined Munish Gupta, Deed Writer as -2- Regular Second Appeal No. 2488 of 2007 PW1 and Shingara Singh, attesting witness as PW4, besides relying on his own testimony as PW 3. Coming to the argument that as the sale deed was to be executed by 6.6.1998, there was no question of the appellant extending the time, one may refer to the judgment of the learned lower appellate Court where it is discussed that 6.6.1998 was a Saturday and the office of Sub Registrar was closed on that day. The extension has, therefore, been agreed to by the appellant on the next working date, i.e. 8.6.1998. Moreover, as due execution of agreement dated 8.6.1998 stands proved on the record, it is immaterial whether the same was scribed on a paper purported to have been purchased on 22.5.1998. The concurrent findings of facts arrived at by the learned lower Courts and, that too, on proper appreciation of evidence cannot be disturbed in a second appeal. None of the substantial questions of law, as claimed by the appellant arises for determination. Resultantly, the appeal is dismissed. ( T.P.S. MANN ) May 02, 2008 JUDGE satish Whether to be referred to the Reporters : YES / NO -3-