REBECCA NISSIM SAMUEL Vs. SUNIL JUGALKISHORE GUPTA

JUDGEMENT

(1.) Heard learned Senior counsel for the petitioner and learned counsel appearing for respondent Nos.1, 2 and 4.

(2.) The petitioner is the original defendant No.1. The respondent Nos.1 and 2 - original plaintiffs filed a suit for specific performance of an agreement. The husband of defendant No.1 had executed the agreement in favour of the plaintiffs on the basis of the power of attorney executed by the defendant No.1. It is the case of the defendant No.1 that her husband never intended to execute the agreement and moreover he was pressurised to execute the agreement of sale. The suit is of the year 1988. The cross examination of defendant No.1 is over. The defendant No.2 is the son of defendant No. 1.

(3.) Learned Senior counsel appearing on behalf of the petitioner-defendant No.1 has by this petition challenged the order dated 30.4.2019 passed by the Trial Court below Exhibit 25. By filing application below Exhibit 25 the defendant No.1 sought leave of the Court for examing the valuer as her witness. Learned Senior counsel would invite my attention to the written statement where a specific case is pleaded by defendant No.1 that the value of the property in question is much more than Rs.25,00,000/-. In written statement it is specific case of defendant No.1 that the value of the suit property would be more than Rs.1 Crore. It is thus the case that the property is grossly undervalued at the time of entering into the agreement of sale.