TELU Vs. FAKIR CHAND

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decrees passed by the Courts below whereby it was found that, the agreement to sell dated 12.7.1994, Exhibit P-1 was executed by the defendant and consequently granted a decree for specific performance of the said agreement.

(2.) Learned Counsel for the appellant has vehemently argued that the said: agreement was witnessed by Piru Ram and Jai Bhagwan. Piru Ram has not been examined by the plaintiff, whereas Jai Bhagwan was examined by the defendant as DW-3.

(3.) The Courts below have returned a finding of fact that agreement to sell is proved to be executed on the basis of thumb impression of Piru Ram on the agreement after comparison in the thumb impression in the previous, litigation. The Courts below have also taken into consideration the statement of PW 1 Anand Parkash who is scribe of the said document.