ABDUL SATTAR Vs. PITAMBER SINGH

JUDGEMENT

(1.) THE present appeal has been filed by the defendant- appellants against the judgment and decree of both the Courts below.

(2.) THE Plaintiffs filed a suit seeking decree for possession by way of specific performance of agreement of sale dated 01-05-1987, purported to have been executed by the defendant and his deceased brother Hanifa in his favour on payment of Rs. 27,000/- in respect of land measuring 1 Kanals 5 Marlas, comprising of khewat/khatauni No. 499 min/690 min, khasra No. 305/2 and a Khadda measuring 2 Marlas and house bearing 16 Akhas (Khanns) situated in Village Samlehri, Tehsil and District Ambala. The defendant contested the suit. In the written statement, preliminary objection No. 1 was taken to the effect that there has been no agreement dated 01-05-1987 between the Plaintiff and the defendant and if there is any such agreement, then it is false, frivolous and fabricated. In nut shell, the agreement was denied.

(3.) PARTIES to the suit led both oral as well as documentary evidence in which, besides producing three witnesses, the Plaintiffs placed on record the documentary evidence Exhibit P-1 to P-11. Defendant produced one witness and produced documentary evidence Exhibit D-1 to D-3.