JALAL UDDIN Vs. IRSHAD HUSAIN

JUDGEMENT

(1.) The plaintiffs' Suit No. 41 of 1977 for specific performance of contract was dismissed by judgment and decree dated 12.4.1979. The Civil Appeal No. 37 of 1979 filed by the Plaintiffs was also dismissed by judgment and decree dated 18.10.1979. The present second appeal has been filed against the aforesaid judgment and decree dated 18.10.1979 and 12.4.1979 mainly on the ground that the learned District Judge was not competent to act as an expert in comparing and determining the forged signatures with the admitted signatures on the documents.

(2.) The case set up by the plaintiffs was that an agreement to sell was entered in respect of plot No. 530, measuring 8 bighas, 2 biswas and 16 biswansis for a consideration of Rs. 11,000 on 24.6.1974 and Rs. 10,500 was paid in advance through a separate receipt dated 24.6.1974 and the sale deed was to be executed after the payment of the balance of Rs. 500. The plaintiffs have alleged that the defendant did not execute the sale deed although the plaintiffs had always been ready to perform their part.

(3.) The defendant contested the suit denying the disputed agreement for sale executed on 24.6.1974 and to have received advance of Rs. 10,500 through receipt dated 24.6.1974. The defendant has alleged that the documents and the signatures appended on it are forged. The defendant had executed sale deed in respect of different plot of land and had executed a receipt.