JONNALAGADDA RAVI SANKAR Vs. JAKKA RAMA KRISHNA RAO

JUDGEMENT

(1.) The petitioner is the husband of the 2nd respondent and the 1st respondent is his father-in-law. It appears that the relationship between the petitioner and the respondent is strained. The petitioner filed O.S.No.41 of 2008 in the Court of Senior Civil Judge, Avanigadda against the respondents for the relief of specific performance of an agreement of sale, dated 13.07.2003. According to him, the 1st respondent, who is the owner of the property, offered the same to the petitioner for a consideration of Rs.1,70,000/- and executed an agreement of sale, on receiving a sum of Rs.1,68,000/-. The respondents filed written statement opposing the suit. Issues were framed and the trial of the suit commenced.

(2.) On behalf of the petitioner, P.W.2, the scribe of the agreement was examined. Though in the chief-examination, he supported the version of the petitioner, he appears to have stated something different in the cross-examination. Faced with this situation, the petitioner filed I.A.No.804 of 2011 under Section 45 of the Evidence Act (for short 'the Act') with a prayer to send the document to a hand writing expert. The application was opposed by the respondents. The trial Court dismissed the I.A. through order, dated 03.12.2011 on the ground that no contemporaneous document signed by the 1st respondent is available and that the signatures on the vakalat and written statement in the suit are at variance with the one on the document. Hence, this civil revision petition.

(3.) Heard Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner and Sri P,Venkat Rao, learned counsel for the respondents.