NIRMAL SINGH Vs. KAMAL SAINI

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order dated 16.01.2014 (Annexure P -4), whereby application moved by the petitioner for comparison of signatures of deceased Kedar Nath on the agreement dated 02.02.2005 with his admitted signatures, was dismissed.

(2.) LEARNED counsel for the petitioner has submitted that agreement to sell dated 02.02.2005 was executed by Kedar Nath in favour of the petitioner. Kedar Nath died on 14.02.2006. Consequently, sale deed could not be executed in favour of the petitioner by Kedar Nath and petitioner preferred a suit for possession by way of specific performance of agreement to sell dated 02.05.2005. Legal heirs of Kedar Nath had denied the signatures of Kedar Nath on agreement to sell in question. Hence, it was very necessary to get the signatures of deceased Kedar Nath on agreement to sell in question compared with his admitted signatures.

(3.) IN the present case, petitioner has filed suit for possession by way of specific performance of agreement to sell dated 02.02.2005. Now the case is listed before the trial court for rebuttal evidence of the petitioner, if any and arguments. At this stage, application was moved by the petitioner for comparison of signatures of deceased Kedar Nath on the agreement to sell in question with his admitted signatures. Petitioner was required to prove the agreement to sell in question while leading his evidence in the affirmative, as the onus to prove the agreement to sell in question was on the petitioner. Issue No.1 as reproduced in the grounds of petition reads as under: -