SURESH SINGH Vs. PHOOL PATI

JUDGEMENT

(1.) There is delay of 53 days in filing and 71 days in refiling the appeal. The same stands condoned on the grounds mentioned in the application. C.Ms. stand disposed of.

(2.) On put to notice, defendant filed written statement taking preliminary objections regarding maintainability; cause of action; concealment of material facts and estoppel. On merits, defendant emphatically denied the execution of agreement to sell. It is pleaded that defendant is simpleton and illiterate lady and does not know the implication of law. She never gave her consent for entering into the agreement, nor she has received any consideration. The alleged Agreement dated 30.03.2001 along with other documents are false and is liable to be set aside. In fact no Agreement was executed. The plaintiff in collusion with one Satbir son of Tek Chand resident of Village Chitana, with whom family members of the defendant are having several disputes, have prepared the false documents. She emphatically denied that any Agreement was executed.

(3.) Plaintiff filed replication reiterating the stand taken by him in the suit and converting the averments made in the written statement.