MOHINDER SINGH Vs. GULJIT SINGH

JUDGEMENT

(1.) DEFENDANTS in the trial Court have filed the present appeal against the judgment and decree dated 6.3.1998, passed by the Court of Addl. Distt. Judge, Ludhiana, who dismissed the appeal of the defendant-appellants and affirmed the judgment and decree dated 21.8.1996, passed by the Court of Addl. Civil Judge (Sr. Divn.), Jagraon, who decreed the suit of the plaintiff-Guljit Singh for possession by way of specific performance.

(2.) THE brief facts of the case can be noticed in the following manner :-

(3.) NOTICE of the suit was given to the defendants. It was pleaded that the plaint is not in accordance with the law; that the plaintiff has no cause of action to file the suit; that the suit of the plaintiff is not legally maintainable; that the agreement was never executed between the parties; that the agreement is forged and fictitious as defendants 2 to 4 never gave their consent to sell the suit property and that the suit is bad for mis-joinder of parties. It was also pleaded by the defendants that the agreement has been forged by the plaintiff in collusion with some others, who are inimical with the defendants. They are not bound by the terms of the agreement which has been pleaded and relied upon by the plaintiff.