SH SURJIT RAI Vs. SH PREM KUMAR KHERA

JUDGEMENT

(1.) THIS is defendant's revision petition which arises out of the following facts : -

(2.) BEFORE the trial Court, two fold contention was raised by the counsel for the petitioner i.e. (i) in rebuttal neither the handwriting expert nor any other evidence could be allowed to be produced as the onus was on the plaintiff -respondent to prove due execution and passing of the consideration of the agreement to sell and; (ii) even otherwise of the plaintiff -respondent had failed to place on record the original agreement, which allegedly bears the signatures of Surjit Rai, petitioner. The signatures could not be compared from a photo copy of the agreement.

(3.) I find no infirmity in order passed by the trial Court to that effect. Trial Court did not record any finding with regard to the comparison of signatures from a photo copy of the agreement. Original agreement has not been produced on the record. In my view, signatures cannot be compared from the photocopy of the agreement because in these days of advance technology, signatures of a person can be lifted from one document and put on another document by super imposition.