TEJVIR SINGH Vs. ASHA THAKUR

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 20.9.2011, passed by the learned court below, whereby the respondent plaintiff has been permitted to produce a handwriting expert to prove the signatures of the petitioner-defendant on receipt dated 25.12.2005 in her rebuttal evidence.

(2.) Briefly, the facts of the case are that the respondent-plaintiff filed a suit for specific performance against the petitioner-defendant on the basis of an alleged agreement to sell dated 25.8.2005. It is claimed that earnest money of Rs. 5,00,000/- was paid on the date of execution of the agreement to sell and balance sale consideration of Rs. 20,00,000/- was paid on 25.12.2005. The sale deed having not been executed within the time stated, civil suit was filed. After both the parties led their evidence, the respondent-plaintiff filed application for seeking permission to examine handwriting expert to prove signatures of the petitioner-defendant on receipt dated 25.12.2005. The application having been allowed by the court below, the defendant is before this court.

(3.) Learned counsel for the petitioner submitted that the case has a chequered history. The petitioner belongs to a political family. He was enticed by the respondent who is five years elder to him. After courtship, they decided to enter into a matrimonial alliance. The petitioner was elected as MLA in Haryana Legislative Assembly in the year 2000. She played in the hands of political leaders and got one FIR registered against the petitioner under various sections of Indian Penal Code to blackmail him. He was even arrested and remained in custody. The petitioner was allotted a flat bearing No. 612 in a Society in Sector 28, Gurgaon. Under threat and coercion, the petitioner was made to sign an agreement to sell and further execute certain documents showing admission of receipt of balance sale consideration. In fact, not a single penny had been passed on to the petitioner. The respondent-plaintiff filed a suit for specific performance of agreement to sell on the basis thereof. She was required to prove these documents in her own evidence as plaintiff, the onus of which was on her. She having failed could not possibly be permitted to lead evidence in rebuttal to prove these documents. Reliance was placed upon the judgment of this court in Jagdev Singh and others v. Darshan Singh and others, 2007 AIR(P&H) 118; Surjit Singh and others v. Jagtar Singh and others, 2007 AIR(P&H) 1(1) and Civil Revision No. 3205 of 2010- Mohinder Singh v. Balbir Singh and others, decided on 24.1.2011.