HITENDER Vs. ANITA (DECEASED) THROUGH LR JAI DEEP

JUDGEMENT

(1.) This regular second appeal is directed against the concurrent findings of facts recorded by both the Courts below whereby the suit of the plaintiff-appellant (herein after to be referred as 'the appellant') for specific performance of agreement to sell dated 05.09.2007, has been dismissed.

(2.) The suit filed by the appellant was dismissed by both the Courts below on the ground that firstly the defendant-Anita (since deceased) was suffering from seizure epilepsy. She was got treated at Dalal Hospital, Sonipat. The appellant has not examined any other attesting witness except Om Parkash who was found to be related with the appellant. The agreement to sell was not written on regular stamp paper, rather special adhesive stamp is reflected to be affixed on a plaint paper, which is reflected to be purchased by Anita. The appellant has also not examined the scribe of the agreement to sell nor examined the stamp vendor. The appellant has examined P.W.3 Nafe Singh, Notary Public, in whose register the agreement to sell was scribed but in his cross examination he admitted that he did not know by whom the agreement was scribed. He further admitted that he did not know the parties to the agreement. He further admitted that the register maintained by him is having blank space at Page No. 89 and 91 and that the entries bearing No. 7432-7433 are missing.

(3.) Further the agreement to sell was shown to be executed at Gohana but the suit land was situated within the jurisdiction of Tehsil Ganaur and the Sub Registrar used to sit at Ganaur and there is a distance of more than 50 kms between these two places. The appellant has further failed to place on record any cogent evidence that how he had arranged such a huge amount of Rs. 20 lacs.