165-a IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5308-2026 Date of Decision: July 15, 2026 Roshan Lal …Pe,,oner Versus Prem Lata and another …Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Kul Bhushan Sharma, Advocate for the peoner. DEEPAK GUPTA , J.(Oral) In a suit for specific performance based upon agreement to sell dated 08.03.2017, the respondents-defendants denied the agreement and alleged that their signatures, if any, have been forged and fabricated. Amongst other issues as framed by the trial Court, one of the issues was whether the plainff was entled to a decree of specific performance based on the agreement to sell dated 08.03.2017. 2. Both the pares had concluded their evidence. At that stage, peoner moved an applicaon for framing addional issue to the effect that ‘as to whether the agreement to sell dated 08.03.2017 was forged and fabricated and not signed by the defendants’. Peoner also sought to frame another issue ‘as to whether plainff was entled for receiving double the amount of earnest money’. The applicaon has been rejected by that Court by way of impugned order dated 09.07.2026 (Annexure P-1), which is now assailed before this Court. 3. A4er hearing learned counsel for the peoner, this Court is of the opinion that trial Court did not commit any error in rejecng the aforesaid applicaon because the issue No.1 was already framed by the trial Court and includes therein the issue regarding the forgery and fabricaon of the agreement to sell, because burden of proof is upon the plainff- peoner so as to prove the agreement to sell. SARITA RANI 2026.07.16 10:43 I attest to the accuracy of this document/order CR-5308-2026 - 2 - 2026:PHHC:096421 4. As far as another issue regarding entlement of the plainff to receive double the amount of earnest money is concerned, it is the discreon of the trial Court to grant such relief or not, in case, relief for specific performance is declined. For that purpose, no specific issue is required to be framed. 5. As such, finding the present peon to be devoid of any merit, the same is hereby dismissed. July 15, 2026 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking: Yes/No Whether reportable: Yes/No SARITA RANI 2026.07.16 10:43 I attest to the accuracy of this document/order