R.S.A. No. 1700 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No. 1700 of 2011 (O&M) Date of Decision: May 11, 2011 Ajit Singh …..Appellant Vs. Rajesh Kumar …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.Sanjeev Pandit, Advocate for the appellant. -.- M.M.S. BEDI, J. (ORAL) For the reasons mentioned in the applications, the delay in re- fling and filing of the appeal is condoned. Applications stand disposed of. Suit of the plaintiff- respondent for possession by way of specific performance of an agreement of sale dated October 9, 2000 has been decreed by the Courts below. The defendant- appellant had taken a plea in the written statement that he had entered into the agreement dated R.S.A. No. 1700 of 2011 (O&M) [2] October 9, 2000 but it was to secure the re-payment of the loan. The earnest money was not Rs.4.50 lacs but it was Rs.3 lacs given to him as loan but he has not been able to produce any evidence on record to establish that the agreement of sale was deceitfully executed. With the assistance of counsel for the appellant, I have gone through the statements of the witnesses and the statement made by the defendant- appellant before the Courts below and I am of the view that there is no ground made out for interference in the concurrent finding of fact arrived at by the Courts below to the effect that the defendant- appellant is liable to perform his part of the contract in view of the terms and conditions of agreement dated October 9, 2000. Counsel for the appellant has also contended that in examination-in-chief, the plaintiff- respondent had stated that the defendant- appellant had thumb marked the agreement of sale whereas the agreement of sale bears the signatures of the defendant- appellant. The Courts below have taken into consideration the said controversy and have decided against the defendant on the ground that he has admitted the execution of the document i.e. agreement of sale Ex.P2. Dismissed. May 11, 2011 (M.M.S.BEDI) sanjay JUDGE