NARAIN DASS Vs. S RANJIT SINGH

JUDGEMENT

(1.) PETITIONER -defendant has invoked the revisional jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the order dated 20.12.2013 (Annexure P -5) vide which application of the petitioner under Order VI Rule 17 of the Code of Civil Procedure (CPC) has been partly declined.

(2.) CIVIL Suit no. 67 of 2009 instituted on 03.02.2009 for possession by way of specific performance of agreement to sell dated 06.02.2006, in respect of 205 Sq. yards of plot, filed at the instance of respondent -plaintiff is pending before the trial Court. An amount of Rs. 1,50,000/ - was paid as part of sale consideration at the time of agreement out of the total amount of Rs. 2,65,000/ -. The sale deed was to be executed by 06.03.2006.

(3.) THE version of the petitioner in his written statement is that he purchased a plot measuring 345 sq. yards vide sale deed dated 07.06.1999. The petitioner had sold 142 sq. yards of the plot in favour of the respondent -plaintiff vide sale deed dated 24.08.2001 and it was at that time that the respondent -plaintiff seems to have obtained signatures/thumb impression of the petitioner on certain blank papers/stamp papers for the purpose of execution of an affidavit of the petitioner -defendant in respect of his ownership, for the sanction of mutation on the basis of sale deed of the year 2001.