NUTAN Vs. MUKESH RANI AND ORS.

JUDGEMENT

(1.) PLAINTIFF has filed the present suit for specific performance of an agreement of sell dated 13.5.2009 and for possession, mandatory and permanent injunction. Defendant No. 2 entered appearance and filed his written statement and thereafter he stopped appearing. Defendant No. 2 was proceeded ex parte on 19.11.2013. Defendant No. 1 was served by way of publication. Defendant No. 1 was proceeded ex parte on 2.5.2013.

(2.) THE plaintiff is present in court. Counsel for the plaintiff prays that her additional statement be recorded, as inadvertently the documents [receipt dated 13.5.2009, legal notice dated 13.8.2009 and reply dated 20.8.2009 to the legal notice] could not be exhibited during the course of her evidence. Statement of the plaintiff has been recorded in court today. Plaintiff has proved the original receipt dated 13.5.2009, as Ex. PW -1/2, copy of the legal notice dated 13.8.2009 as Ex. PW -1/3 and reply dated 20.8.2009 as Ex. PW -1/4.

(3.) PLAINTIFF , has further deposed that defendant No. 1 also signed a receipt dated 13.5.2009, acknowledging receipt of Rs. 1.50 lacs, ex PW -1/2.