LAKHBIR SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dtd. 7/4/2022 (Annexure P-11) passed by learned Addl. Civil Judge (Sr. Divn.), whereby, an application filed by the respondents-plaintiffs, for seeking permission to examine handwriting expert, was allowed.

(2.) The brief facts, as culled out, from the paper-book, are as herein given:- That, initially respondents-plaintiffs had filed a suit for symbolic possession by way of specific performance of agreement to sell dtd. 23/6/2008 with consequential relief of permanent injunction. As per version of the respondents-plaintiffs, agreement to sell dtd. 23/6/2008 was allegedly executed by the petitioner-defendant, in favour of the respondents-plaintiffs, for a total consideration of Rs.28,60,000.00. Having received the entire sale consideration on the date of agreement to sell, the actual physical possession of the suit property was handed over to the respondents-plaintiffs. Also, it is the version that respondents-plaintiffs shall be entitled to get the sale deed executed and registered in their favour, at any time, after giving fifteen days' notice.

(3.) In pursuance of the notice issued, the petitioner-defendant made appearance. In the written statement, it is submitted that agreement to sell in question is a forged document and the same was never executed by him. Even, receipt of consideration amount from the respondents-plaintiffs, as such, has been denied. The petitioner-defendant had also denied his signatures over the alleged agreement to sell dtd. 23/6/2008.