ASHWANI SOOD Vs. MOHINI DEVI SOOD AND ORS.

JUDGEMENT

(1.) THIS petition is instituted against the order dated 6.4.2015 rendered by the Civil Judge (Senior Division) in Civil Suit No. 103 -1 of 2011/10.

(2.) "Key facts" necessary for the adjudication of this petition are that petitioner has instituted a suit against the respondents for specific performance of the agreement dated 9.10.1996. It was registered as Civil Suit No. 103 -1 of 2011/10. According to the terms and conditions of the agreement Ext. PW -12/A, respondents had agreed to transfer the property in favour of the petitioner. Written statement was filed by respondent Nos. 1 and 2. According the averments contained in the written statement, agreement dated 9.10.1996 was without consideration and was the result of fraud, misrepresentation and the same was not binding upon the respondents. The plaintiff has manipulated the signatures taking advantage of fiduciary relationship. Agreement dated 9.10.1996 did not give any right, title or interest to the petitioner in respect of the land in question or the hotel building or the hotel business.

(3.) MR . Ajay Kumar, learned Senior Advocate has vehemently argued that respondent No. 1 has admitted the execution of agreement Ext. PW -12/A dated 9.10.1996. Thus, there was no requirement of sending the same to the expert.