MEENU PRABHA Vs. VISWAMBHARAN

JUDGEMENT

(1.) The petitioner is the plaintiff in a suit for specific performance of an agreement for sale. She is aggrieved by the dismissal of her applications seeking reference of the disputed document- a receipt, to an expert and also for accepting the compact disk and a pen-drive produced by her, in evidence.

(2.) That an agreement for sale was entered into between the plaintiff and the defendant on 18.6.2012, is not in dispute. As per the agreement, defendants 1 and 2 have agreed to convey one acre two cents of property to the plaintiff for a total sale consideration of Rs.90,000,00/-. As per the agreement, on the very same date of execution of the same, an amount of Rs.5,00,000/- was paid towards advance sale consideration. The period fixed for the performance was for six months.

(3.) The plaintiff filed I.A.No.477/2016 seeking reference of the disputed receipt to a forensic expert for his opinion on the signature contained therein, on comparison of the same with the admitted signatures of the defendants. The application was allowed. The expert submitted a report opining against the plaintiff.