Rakesh Kumar Jain, J. - (1.) THIS petition is directed against order dated 25.10.1997 of the Trial Court by which application filed by the plaintiff for proving the agreement dated 20.11.1980 executed between Dr. K.C. Khosla and Malwinder Singh in respect of the suit property by way of secondary evidence, has been dismissed.
(2.) AT the time when notice in this petition was issued, the proceedings before the Trial Court were ordered to be carried on, but passing of the final order was stayed. Learned counsel for the petitioner has submitted that the Improvement Trust, Ludhiana allotted a shop -cum -flat no. 39, measuring 172.50 sq. yards to one Sarwan Singh Grewal. After the death of Sarwan Singh Grewal, his three sons, namely, Surinder Singh, Gurdeep Singh and Gurmeet Singh Grewal (respondents no. 2 to 4) became the owners. They executed an agreement to sell of the suit property on 13.04.1979 in favour of Dr. K.C. Khosla for Rs. 26,650/ - and delivered possession to him after receiving the whole sale consideration. Dr. K.C. Khosla also executed an agreement to sell on 20.11.1980 of the suit property in favour of Malwinder Singh, father of Gurmeet Singh Grewal -respondent no. 1, for an amount of Rs. 69,000/ - and handed over possession to him. Malwinder Singh, on the basis of the agreement dated 20.11.1980, executed an agreement on 06.01.1984 to sell the suit property to the plaintiff -petitioner for Rs. 1,44,000/ -. Malwinder Singh is the real brother of the plaintiff -petitioner. At the time of agreement by Malwinder Singh in favour of the plaintiff -petitioner, the suit property was on rent with one M/s. Selection Appliances Pvt. Ltd., which was got vacated by the plaintiff -petitioner and rented out to one M/s. Raja Sweets. On 08.07.1986, the Improvement Trust, Ludhiana, executed sale deed of the suit property in favour of defendants -respondents no. 2 to 4, i.e. sons of Sarwan Singh Grewal, being the heirs of the original allottee. On 15.05.1990, respondent no. 1 -Gurmeet Singh Grewal got executed the sale deed of the suit property in his favour from defendants -respondents no. 2 to 4 through their attorney Paramjit Kaur.
(3.) IT is claimed by the petitioner that the said transaction dated 15.05.1990 is a sham transaction because respondents nos. 2 to 4 had already sold the suit property to Dr. K.C. Khosla on 13.04.1979 who, in turn, sold it to Malwinder Singh, father of respondent no. 1, vide agreement to sell dated 20.11.1980. Respondents no. 2 to 4 were left with no right, title or interest in the suit property and for this reason, in the sale deed dated 08.07.1986 executed by the Improvement Trust, Ludhiana, Malwinder Singh, father of respondent no. 1, had signed as a buyer. It is further averred that since the suit property was already sold by Dr. K.C. Khosla, therefore, respondents no. 2 to 4 had executed three different special as well as general power of attorneys dated 18.12.1980, 23.5.1981 and 29.5.1981 in favour of Smt. Paramjit Kaur wife of Malwinder Singh and mother of respondent no. 1 and by taking benefit of the said attorneys, respondent no. 1 got executed sale deed dated 15.05.1990 of the suit property in his favour, though it was well within his knowledge that after executing the agreement to sell dated 13.04.1979 by defendants -respondents no. 2 to 4 in favour of Dr. K.C. Khosla, agreement to sell dated 20.11.1980 was executed by Dr. K.C. Khosla in favour of his father Malwinder Singh who, in turn, sold it to the plaintiff -petitioner through agreement to sell dated 06.01.1984. On 06.01.1984, defendants -respondents no. 2 to 4 or Malwinder Singh was left with no right, title or interest in the suit property. On knowing about the sale deed dated 15.05.1990, the plaintiff -petitioner filed suit for specific performance against respondents no. 2 to 4 on the basis of the agreement to sell dated 06.01.1984, executed by Malwinder Singh in his favour and also prayed for permanent injunction not to dispossess him from the suit property.;