(1.) The respective sole defendants are the appellants herein and the respective self -same sole plaintiffs in both the matters are the respondents. Both the suits in O.S. No.1960 of 1988 and 1959 of 1988 are filed by the self -same plaintiff Saleh against the respective defendants Dhanraj and Vijenderkumar Kedia. The trial Court on separate trial decreed both the suits for the relief of specific performance of the contract for sale respectively, to execute and register sale deeds on receiving balance sale consideration and to deliver possession and with costs.
(2.) The contentions in the grounds of appeal common almost in both the appeals of the respective suits are that the decree and judgment respectively of the trial Court supra are contrary to law, unlawful and against probabilities of the case, perverse and misconceived against the canons of justice.
(3.) It is specifically contended by the defendant -appellant respectively supra that the trial Court ought to have seen that sale agreements Ex.A -21 and A -1 respectively on which the suits are based, are spurious, plaintiff P.W -1 admitted that he was not in India at the time of execution of the agreement, the trial Court should have seen that it was not the case of the plaintiff that the agreement was executed by his nominee on his behalf, that too when it bares signature of the plaintiff and therefrom trial Court ought to have dismissed the suit and by appreciating the fact that defendant respectively did not execute and sign the sale agreement, that the trial Judge should have sent the signatures of the defendant in dispute to an expert for examination and comparison and plaintiffs inaction in cause sending also substantiates the signature on the agreement respectively is not of the defendant respectively and it is a forged one respectively.