K RAMAKRISHNAN Vs. SUB REGISTRAR, ALANDUR ; NAGAMMAL; REVATHI

JUDGEMENT

(1.) The plaintiff in O.S.No.377 of 2004 on the file of the learned Principal District Munsif, Poonamallee, is the appellant herein. He filed the said suit for a decree for specific performance on the allegations that the 1st defendant Mr.V.Raj (since died) had entered into an agreement of sale dated 05.05.1993 thereby agreeing to sell the suit property for a total consideration of Rs.40,000/- and received an advance of Rs.20,000/- on the same day itself. According to the plaintiff, subsequently, when he demanded the 1st defendant - Mr.Raj to complete the sale, he declined to do so. With these allegations, the plaintiff filed the said suit.

(2.) In the written statement, 1st defendant - Mr.Raj contended that the sale agreement was never executed by him and the signature found in the same was never made by him. He further contended that he never intended to sell the suit property to the plaintiff.

(3.) On the above said pleadings, the trial court framed appropriate issues and both the parties were called upon to let in oral and documentary evidence. During trial, on the side of the plaintiff, as many as 4 witnesses were examined and few documents were marked. P.W.4 is the Finger Print Expert, who gave opinion that the signature found in the disputed document differs from the admitted signatures of the 1st defendant - Mr.Raj. The 1st defendant died during the pendency of the suit and, therefore, his legal heirs, viz., the defendants 3 and 4 (the respondents 2 and 3) herein were added. On the side of the defendants, neither oral evidence, nor documentary evidence was let in.