DEVENDER PAL SINGH Vs. RAJAN PAL SINGH

JUDGEMENT

(1.) C.M. No.10766/2014 (exemption)

(2.) EXEMPTION allowed subject to just exceptions.

(3.) THE subject suit is a suit for specific performance which was filed by the respondent/plaintiff. The respondent/plaintiff in the plaint states that the entire sale consideration of Rs.7 lacs was paid on 30.3.2007 when the usual documents being the agreement to sell, general power of attorney etc were executed by the petitioner/defendant in favour of the respondent/plaintiff. The present petitioner/defendant filed the written statement and in para 6 of the preliminary objections, as many as five times, it is stated that the subject documents dated 30.3.2007 were got signed by the respondent/plaintiff from the petitioner/defendant by intoxicating the petitioner/defendant with liquor. In preliminary objections para 6 of the written statement the petitioner/defendant hence repeatedly admitted that the documents have been signed, but, signatures were obtained by undue influence of liquor and therefore the documents are void. Effectively therefore the signatures and execution of the documents stands admitted, but since the execution of the documents was stated to be under the influence of liquor, hence the validity of these documents was challenged.