L.N. Mittal - (1.) CM No. 15119.CII of 2012 Allowed as prayed for. CR No. 3565 of 2012
(2.) DEFENDANT Paramjit has filed this revision petition under Article 227 of the Constitution of India impugning order dated 27.4.2012 passed by learned Civil Judge (Senior Division), Karnal thereby allowing application Annexure P/4 moved by respondents/plaintiffs for permission to lead secondary evidence of alleged sale deed dated 10.9.2004. Plaintiffs have filed suit for possession of suit property by specific performance of agreement to sell against defendant/petitioner. It was alleged that pursuant to agreement to sell dated 27.8.2004, draft sale deed was prepared on 10.9.2004 on stamp papers worth ` 68,800/-. The sale deed was drafted in favour of plaintiff no. 1 only with consent of plaintiff no. 2 who is wife of plaintiff no. 1. The plaintiffs also handed over bank draft dated 9.9.2004 of Rs. 6 lacs to the defendant. However, after execution of the sale deed, the defendant after affixing his signatures told the plaintiffs that he had also to obtain signatures of his brother Rajeshwar who is also co-sharer in the suit land. On this pretext, the defendant went away with original sale deed and plaintiffs kept on waiting in the office of Sub Registrar. The defendant did not do the needful thereafter. The original sale deed is also in possession of the defendant. On these averments, plaintiffs sought permission to lead secondary evidence of the aforesaid sale deed.
(3.) THE application was resisted by the defendant who controverted the averments made in the application.;