LAWS(P&H)-2019-2-19

HARDEEP SINGH Vs. AVTAR SINGH AND ANOTHER

Decided On February 04, 2019
HARDEEP SINGH Appellant
V/S
Avtar Singh And Another Respondents

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner against the order dated 03.07.2017 passed by the Civil Judge (Sr. Divn.) NRI Court, Jalandhar, whereby the application filed by the petitioner for producing handwriting expert for comparison of signature of respondent No.1 on the agreement to sell with his standard signature on the registered transfer deed dated 20.03.2015 by way of additional evidence was dismissed.

(2.) Petitioner/Plaintiff filed a suit for specific performance on the basis of agreement to sell dated 06.08.2014 entered between the plaintiff and defendant No.1 in respect of the suit property.

(3.) The defendants contested the suit by way of filing written statement, wherein they have denied execution of the agreement to sell between the plaintiff and defendant No.1. In preliminary objections No.1 and 2, the defendants pleaded that no agreement have ever been executed between the plaintiff and the defendants. The plaintiff has not come to the Court with clean hands and has attempted to mislead the Court to get ex parte orders. Apart from the alleged agreement placed on record of June 2014, plaintiff and his father had been showing another agreement to sell and had been threatening that they will use that document to file suit in the Court. Plaintiff had been pressurizing to sell out the land of defendant No.1 to the plaintiff which falls adjoining to the house of the plaintiff.