RAMA CHANDRA SAHU Vs. SUBHAS KUMAR SINHA

JUDGEMENT

(1.) THE Plaintiff in T.S No. 285/119 -92/88 of the Court of the Learned Addl. Civil Judge (Senior Division), Puri has filed the Second Appeal assailing confirming Judgment and decree of the Appellate Court.

(2.) THE suit was filed seeking a decree of specific performance of contract in terms of an agreement for sale of the suit property, vide Ext.1/c, executed by late Nandalal Sinha. The plaint averments reveal that said Nandalal on receipt of a sum of Rs. 5,000/ - as advance had executed the agreement on 26.6.1986 and allowed the Plaintiff -Appellant to possess the land in question. It was further agreed that Nandalal would execute the sale deed within three years on receipt of the balance consideration of Rs. 40,000/ -. It was averred that as Nandalal before execution of sale deed and thereafter his widow Gita Sinha having adopted dilly -dally tactics, the Plaintiff was constrained to file the suit. It was further alleged that after filing of the suit said Gita had executed a sale deed in favour of Defendant No. 2.

(3.) THE Trial Court on the basis of the pleadings framed six issues for its decision. Both the parties adduced oral and documentary evidence. The Trial Court drew adverse inference against the Plaintiff since he had failed to take appropriate steps for comparison of the disputed signatures of deceased Nandalal with his admitted signatures by a handwriting expert. It came to the conclusion that the agreement for sale Ext.1/c was a forged document. It further held that possession was never handed over to the Plaintiff and there was no contract between the two. The suit was dismissed with costs. Being aggrieved, the Plaintiff filed T.A No. 53 of 1995 in the Court of Learned District Judge, Puri. The Appellate Court after threadbare discussion of the evidence, both oral and documentary, confirmed the findings arrived at by the Trial Court and dismissed the appeal. The said confirming Judgment is assailed in this Second Appeal.