SARUP SINGH Vs. SURINDER KAUR & ANR

JUDGEMENT

(1.) The appellant-defendant 1 has filed the present regular second appeal against the concurrent findings of fact recorded by both the Courts below in a suit for possession by way of specific performance of the sale agreement executed on 26.7.2004 of a residential house for sale price of Rs.1.5 lacs.

(2.) Buta Singh was the husband and attorney of Smt. Surinder Kaur and on the basis of authority given to him to inter alia alienate the suit property, he entered into the sale agreement with Sarup Singh- the present appellant. Execution of the sale agreement was duly proved in the trial. When the vendor pleaded fraud then a handwriting and fingerprints expert ought to have been produced in evidence to render an opinion on the genuineness or otherwise of the signatures of the intending seller on the contract of sale.

(3.) The defence of the suit was that Buta Singh was dead drunk when he signed the sale agreement with intending purchaser Sarup Singh. This fact could not be proved by leading oral evidence of any witness. Therefore, nothing can be said on the question of fraud.