BALJIT SINGH Vs. AJMER SINGH AND OTHERS

JUDGEMENT

(1.) The challenge in the present petition is to the order dated 3.2.2011 passed by learned Court below, whereby an application filed by the respondent-defendant no.1 for examination of the agreement to sell in dispute by Government Laboratory, was accepted. Briefly the facts of the case are that the petitioner filed suit for possession by way of specific performance of agreement to sell dated November 30, 2009. Along with suit, an application seeking interim injunction was also filed.

(2.) In the written statement filed by respondent-defendant no.1 he denied his thumb impression on the agreement to sell whereas respondents no.2 and 3/defendants no.2 and 3 in their reply admitted their signatures on the alleged agreement to sell. Vide order dated 7.6.2010, the plaintiff was granted ad interim injunction restraining the respondents-defendants from alienating, mortgaging or transferring the suit property in any manner.

(3.) At this stage, respondent-defendant no.1 filed application for examination of the alleged agreement to sell by hand writing expert. The application was allowed. Hand writing expert gave his opinion stating that the thumb impression on the agreement to sell does not tally with that of Ajmer Singh. Thereafter the petitioner filed application for examination of the document. The expert engaged by him supported his case and reported that thumb impression of Ajmer Singh tallies with his thumb impression on the agreement to sell. After that Ajmer Singh filed an application for getting the document examined through a Government Laboratory. The same has been allowed by the learned Court below vide impugned order dated 03.02.2011.