GURCHARAN SINGH Vs. GURCHARAN SINGH

JUDGEMENT

(1.) The second appeal is filed against the order of the learned Additional District Judge, Sangrur, dated 7.11.1998.

(2.) The plaintiff-first respondent filed the suit for specific performance of agreement to sell dated 13.5.1986 or in the alternate also prayed for the refund of the earnest money in case specific performance is refused. The defendants admitted the execution of the agreement to sell by the first defendant in favour of defendant No. 2 but denied the contents thereof. Appropriate issues were framed. On a consideration of evidence on records, the trial Court decreed the suit. Aggrieved by the said decree and judgment of the trial Court, the defendants filed the appeal in the Court of the Additional District Judge Sangrur.

(3.) A reading of the judgment of the learned Additional District Judge, Sangrur, shows that evidence on record has not been considered at all. He has only referred to two documents Ex.P-11 and P-12. It is useful to extract paragraph 9 of the judgment of the Lower Appellate Court which is as follows:-