KULWANT SINGH Vs. MOHAN SINGH AND OTHERS

JUDGEMENT

(1.) The grievance of the plaintiff-petitioner in this revision petition filed under Art. 227 of the Constitution of India is for setting aside order dated 11.01.2010 whereby the prayer of the petitioner for directing respondents No.1 and 4 to 6 to give their thumb-impressions for the purpose of comparison on the agreement to sell dated 23.05.2003 was declined by the trial Court.

(2.) Briefly the facts of the case may be noticed. The plaintiff-petitioner filed a suit for specific performance of an agreement to sell dated 23.05.2003 in respect of land measuring 8 Kanals 12= Marlas situated in the revenue Estate of Noormahal, Tehsil Phillaur. The claim of the plaintiff was controverted by the defendants and it was pleaded by them in the written statement that the agreement to sell was forged and fabricated document and it did not bear their thumbimpressions.

(3.) On the pleadings of the parties, the following issues were framed: