RATTAN KAUR Vs. AMAR SINGH

JUDGEMENT

(1.) THIS is a Civil Revision and has been directed against the order dated 8.10.1999, passed by Additional Civil Judge (Sr. Division), Jalandhar, who, dismissed the application of the petitioner under Section 65 of the Indian Evidence Act, 1872 for secondary evidence.

(2.) SOME facts can be noticed in the following manner : Smt. Rattan Kaur claiming herself to be the legal heir of Darshan Singh, filed a suit for possession by way of specific performance alleging that Shri Amar Singh for himself and on behalf of his sons and wife had entered into an agreement of sale dated 29.6.1990 with regard to the property to be sold, mentioned in the agreement itself. The sale deed was to be executed on or before 29.6.1992. The defendant became dishonest. Hence the suit by the legal representative.

(3.) I have heard Shri O.P. Hoshiarpuri, learned counsel, appearing on behalf of the petitioner and Shri R.C. Dogra, Sr. Counsel, appearing on behalf of respondents No. 2 and 3 and with their assistance I have gone through the record of the case.