GIRISH VINAYAKRAO NAIK Vs. SHIVAMURTHAPPA SANGRAMAPPA KHANDALA

JUDGEMENT

(1.) FOR the sake of convenience, the parties in this appeal are referred to as per their rank in the trial Court.

(2.) THIS appeal is filed by the plaintiff in O. S. No. 60/83. The suit was filed for specific performance for execution of sale deed in respect of 2 acres 2 guntas of land in Sy. No. 155/1 in Hulsoor village, Basavakalyan Taluk on the basis of alleged agreement of sale dated 17-4-1980. The defendant resisted the suit by denying the execution of the alleged agreement and alleging that the suit documents were false and fabricated. The trial Court dismissed the suit holding that the suit documents had not been proved. Aggrieved by the same, the plaintiff filed R. A. No. 25/87. In the appeal before the first appellate Court the plaintiff filed I. A. III under Section 45 of the Indian Evidence Act to send Exhibits P-1 to P-4 for comparison of the signatures thereon with the admitted signature of the defendant. The first appellate Court dismissed both the applications and also the appeal. The same is challenged in this second appeal.

(3.) WHILE admitting this appeal, the following substantial questions of law were framed :-