SMT. RAKESH DEVI Vs. SHISH RAM AND OTHERS

JUDGEMENT

(1.) Smt. Rakesh Devi-plaintiff/respondent to the counter claim raised by the respondent no 1/defendant no. 1, is in appeal aggrieved against the concurrent findings returned by the Courts below, whereby counter claim filed on behalf of Shish Ram-defendant no. 1/respondent no-1 claiming specific performance of the agreement to sell dated 27. 1. 2007, has been decreed by the learned Civil Judge(Sr. Divn. ), Rewari vide judgment and decree dated 30. 04. 2014 and the findings thereof have been affirmed by the learned Additional District Judge, Rewari vide judgment and decree dated 19. 05. 2017.

(2.) Learned Counsel for the appellant has raised following arguments:-

(3.) It is argued that Shish Ram had pleaded that the agreement to sell dated 27. 01. 2007 was scribed in the Tehsil by typist Satpal and in his cross examination has stated that Satpal and Shish Pal had read over the contents of agreement to Rakesh Devi, said Satpal, however, has not been produced as a witness to substantiate the plea.