SAJJAN SINGH Vs. MANOHAR

JUDGEMENT

(1.) Present regular second appeal against concurrent findings of facts having been recorded by both the Courts below in a suit for specific of agreement of sale dated 5.12.2005, having been dismissed by the Court of first instance and first appeal dismissed by the Appellate Court.

(2.) As per agreement dated 5.12.2005 total sale consideration was fixed to be Rs. 6,50,000/- and the target date fixed for execution of the sale deed was 7.4.2006. Plaintiff was always ready and willing to perform his part of the agreement and despite requests, defendant refused to do so. As such, necessity of the suit.

(3.) Learned counsel for the appellant submitted that the Courts below dismissed the suit of plaintiff for specific performance of agreement of sale dated 5.12.2005 merely on the basis of assumptions and presumptions. As per learned counsel for the appellant, it is settled proposition of law that agreement of sale of immovable property is not required to be proved strictly like a Will but the same can be proved by examining a party to the agreement and one of the attesting witness. Plaintiff has been able to prove his case by examining attesting witness Mehar Singh, who appeared as PW.2. Apart from that, plaintiff examined Gulshan, Clerk of Sh Shyambir Singh, Advocate as PW.3 but the Court below still returned the finding that agreement of sale was not executed. The Court below has not given any reason that the attesting witness was not believed. The Courts below disbelieved the written agreement of sale on the ground that there was difference of ink used in the signatures at two different places. As per learned counsel for the appellant, that was quite natural if party uses two different pens and appends his signatures after some time. But on that point, findings could not be recorded that the signatures are not of the same pen, which are otherwise proved on the file by examining the attesting witness. The said findings recorded by the Courts below are liable to be set aside by accepting the appeal.