ALI MOHAMMAD Vs. AMAR CHAND

JUDGEMENT

(1.) THIS is defendants' second appeal challenging the judgment and decree of the lower appellate Court dated 19.01.2011 whereby appeal filed on behalf of the plaintiff -respondent against the dismissal of his suit for possession by way of specific performance of the agreement to sell dated 29.08.2002 was accepted and his suit was decreed.

(2.) SUFFICE it to say that in the written statement, the defendant -appellants had submitted that their father never executed the agreement to sell in question and the plaintiff -respondent had obtained his thumb impressions on blank papers. It is further case of the appellants that the plaintiff -respondent and his son Hukam Chand are money lenders and the land was already mortgaged with the son of the plaintiff and the instant agreement was executed as a security to the said mortgage and when the appellants approached the son of the plaintiff to pay back the mortgage amount, he refused to accept the same and when the appellants filed a suit for redemption before the revenue Court, the plaintiff -respondent has filed the instant suit in order to nullify the aforesaid redemption suit.

(3.) FEELING aggrieved from the aforesaid judgment and decree of the lower appellate Court, the defendants have filed the instant appeal submitting that the following substantial questions of law arise in this appeal: