PRITAM SINGH Vs. KEWAL SINGH

JUDGEMENT

(1.) Petitioners have assailed the order dated 08.02.2016 passed by the Addl. Civil Judge (Sr. Divn.) Nakodar whereby application filed by the petitioners in the capacity of legal representatives of deceased Pritam Singh (original defendant No. 1) for granting permission to handwriting expert to draw photographs from the court file and prepare his report before appearing as witness for the defendants was dismissed.

(2.) Brief facts are that plaintiff-Kewal Singh filed a suit for possession by way of specific performance of agreement to sell dated 24.04.2009 executed by Pritam Singh defendant No. 1. Plaintiff claimed that vide the aforesaid agreement to sell dated 24.04.2009, Pritam Sigh agreed to sell 8 Kanals 0 Marla of land being 160/2949th share of total land measuring 147 Kanals 9 Marlas as shown by khasra numbers mentioned in the plaint. The earnest money to the tune of Rs. 10 Lakhs was paid at the time of execution of agreement to sell and the remaining sale consideration of Rs. 8 Lakhs was to be paid at the time of execution of sale deed. Plaintiff also prayed for alternative relief of recovery to the tune of Rs. 20 Lakhs.

(3.) Defendant No. 1 Pritam Singh filed the written statement. In the preliminary objection No. 1, defendant No. 1 denied to have executed the agreement to sell dated 24.04.2009 in favour of the plaintiff regarding the suit land. He claimed that no amount was received by him towards any earnest money. He further claimed that the entire family of the defendants are agriculturist by profession. Defendant No. 1 and his family took land on lease for cultivation from different persons and for that purpose the family oftenly gave security/guarantee of the possession delivered to the family as required by the persons giving their land to them and thereafter on the expiry of the lease period such security/guarantee given by them were returned to the family. As a security of possession delivered to the defendant and his son Harbhajan Singh and his family in respect of 60 acres of land on lease, the defendant was compelled to sign some blank papers and also by Harbhajan Singh as a guarantee of land taken on lease. All this was done by words of mouth commitment between the parties and it was orally agreed by spoken words that the plaintiff and the defendant after completion of the lease and adjustment of the amount would return the same. Defendant No. 1 further pleaded that in para no. 1 of the preliminary objection to the following effect:-