MUKAND SINGH Vs. KAVALJEET KAUR

JUDGEMENT

(1.) In the present Regular Second Appeal, the challenge is to the judgment and decree of the trial Court dtd. 1/3/2018 by which, the suit filed the respondent-plaintiff for specific performance of the agreement to sell dtd. 6/3/2009 has been allowed as well as the judgment and decree dtd. 28/3/2019 of the lower Appellate Court by which the appeal preferred by appellant-defendant has been dismissed.

(2.) The challenge to the judgments and decree of the Courts below is on the ground that there was no agreement to sell, which was entered by Mukand Singh-appellant (since died), hence, the execution of the same does not arise and the said agreement to sell in question has not been proved beyond shadow, hence, the judgment and decree of the trial Court holding that the respondent-plaintiff has been able to prove the execution of the agreement and was ready to perform her part, has wrongly been allowed, hence, judgment and decree of the trial Court is liable to be set aside along with the judgment dtd. 1/3/2018 of the lower Appellate Court by which the appeal filed by the appellant/defendant has been dismissed vide order dtd. 28/3/2019.

(3.) On the basis of the evidence, which had come on record, the trial Court as well as the lower Appellate Court have recorded a finding that the agreement to sell dtd. 6/3/2009 has been proved.