BACHAN KAUR (DEAD) Vs. KAKA SINGH AND OTHERS

JUDGEMENT

(1.) The substantial questions of law which arise in this appeal on which the parties were heard are as follows:

(2.) This is defendant's second appeal. The plaintiffs suit for possession by way of specific performance of agreement to sell the property in dispute was dismissed by the trial court. The decree has been reversed in first appeal. The suit has been decreed. Hence, the present appeal has been preferred.

(3.) The focal point of the litigation is the sale agreement dated June 02, 1980 which is an unregistered document produced by plaintiffs on record as Ex.PW-10/A. Plaintiffs claim their rights to suit property from it while the defendant No.1 through her legal representatives stoutly refutes the claim asserting to the contrary that there was no real intention to sell suit property and the document when read in the correct perspective was in continuation of mortgage deed/s existing between the parties. Much will depend on the construction of the exhibit's terms and conditions in the background of a prior mortgage deed with respect to suit land in order to find out the real intention of the parties from the document which falls at page 104 of the lower court record and its relevant translated extract reads as follows :