RANJIT SINGH Vs. JITENDER SINGH

JUDGEMENT

(1.) Plaintiff has assailed order dated 27.07.2015 passed by Civil Judge (Sr. Divn.) SAS Nagar, Mohali vide which application for leading expert evidence on account of framing of new issue No.1-A has been declined by the trial Court.

(2.) The suit for possession as owner (although plaintiff claim himself to be in physical possession) in respect of flat in question by means of specific performance of agreement to sell dated 20.01.2005 has been filed seeking direction to execute the sale deed after completing all the requirements of getting NOC and after adjusting the earnest money. Permanent injunction has also been sought restraining the defendant from alienating the plot except to the plaintiff or his nominee.

(3.) Defendant has contested the suit alleging fraud. On the other hand defendant has also sought restoration of possession of flat in question by means of filing suit under Section 6 of the Specific Relief Act.