SHANKUNTLA DEVI Vs. INDER SINGH

JUDGEMENT

(1.) THE respondent filed a suit for specific performance of agreement to sell dated 11.2.1973, Ex. P.1, whereby sale-deed was to be executed when the defendant will get possession of the suit property from her tenants. Case of the plaintiff was that Shankuntla Devi got possession of the suit property and the agreement to sell was duly extended (executed ?) on 21.11.1975 (Ex. P.4) under which sale-deed was to be registered by 15.6.1976 on payment of balance sale consideration of Rs. 2000/-.

(2.) THE appellant denied the execution of the agreement on the ground that the agreement was vitiated by fraud as the defendant was under the influence of the plaintiff who had advanced some money to her father against a pronote dated 1.7.1962 and he had also got an oral mortgage from her on 1.6.1965 vide mutation No. 2641 which was set aside in Suit No. 55 of 1969 decided on 7.6.1969 on the ground that the plaintiff was minor on that day.

(3.) HENCE this appeal.