- (1.) This order shall dispose of RSA Nos.4805 of 2010 and 723 of 2010, as common facts are involved therein.
(2.) As regards RSA No.723 of 2010, it may be noticed that since 26.4.2011, none has appeared for the appellant. Even today the position is not different. However, the matter is being decided since both these appeals have been directed to be heard together and detailed arguments have been heard in the accompanying appeal.
(3.) These appeals have been filed against concurrent judgments and decrees of the Courts below decreeing the suit of respondent No.1- Baldev Singh for specific performance of an agreement to sell dated 4.2.2000 against Pritam Singh; one appeal having been filed at the instance of the vendor and other at the instance of the rival vendee who in turn averred that there was not only a prior agreement dated 12.3.1999 in his favour but even a sale deed dated 14.7.2000 also. Both the Courts below found as a fact that Baldev Singh had agreed to purchase the house of Pritam Singh for a total consideration of Rs. 1.95 lac and paid an amount of Rs. 1.50 lac as an earnest money and subsequently had been handed over possession of the property in dispute on 2.4.2000 by document, Annexure P- 2. It was further held by the Courts below that on the date when the sale deed was executed in favour of Satwinder Singh @ Satinder Singh, the aforesaid Baldev Singh was in possession and despite that fact Satwinder Singh @ Satinder Singh made no inquiries. Consequently, both the Courts below held that the agreement to sell and the sale deed in favour of Satwinder Singh @ Satinder Singh were sham documents. Following questions of law have been proposed in RSA No. 4805 of 2010 :- " i) Whether Baldev Singh is entitled for recovery of Rs. 3 lac on the basis of forged and fabricated documents ii) Whether the alleged agreement without consideration can be enforced Iii) Whether oral positive evidence brought on record can be ignored iv) Whether the claim beyond the pleadings can be decreed v) Whether the agreement to sell without possession delivered needs registration -;