- (1.) The facts giving rise to this letters patent appeal are as follows :- Piare Lal, the present appellant, entered into an agreement of sale of 64 kanals and 4 marlas of land for Rs. 5,770/- on February 14, 1962 (Exhibit P-1) with Lekhi, plaintiff respondent. The said agreement was scribed by Ishar Dass, PW-1, and was attested by Ram Rikhi and Gorkhi as witnesses. At the time of the execution of the said agreement, a sum of Rs. 3,975/- was paid to the appellant under receipt Exhibit P-2 and the balance of Rs. 1,795/- was agreed to be paid at the time of the execution and registration of the sale-deed. The sale-deed was to be executed within two months from the date of execution of the agreement. Since the appellant failed to execute the sale-deed in accordance with the agreement, the respondent filed the present suit for specific performance.
(2.) The appellant pleaded the commission of a fraud upon him with the allegation that one Bhule, who was his General Attorney and was looking after his affairs, that is litigation, etc. obtained his signatures on the agreement and the receipt, Exhibits P-1 and P-2 respectively, but he never executed the said documents. He also denied the receipt of any money as part of the consideration. The trial Court, after framing the necessary issues arising from the pleadings of the parties, decreed the suit of the plaintiff.
(3.) In the regular first appeal before the learned Single Judge, the same pleas with regard to the commission of the fraud with the plaintiff and the non-receipt of the consideration, were raised. The learned Single Judge, after going through the evidence on record and weighing the same, came to the conclusion that the defendant has miserably failed to prove the fraud having been played on him. While discussing the evidence, the learned Single Judge found that not even a suggestion had been put by the defendant to any of the witnesses, that is, Ishar Dass, PW-1, the scribe, Panna Lal, PW-2, the Stamp Vendor and Ram Rikh and Gorkhi, PWs 4 and 5 respectively, the witnesses relating to the execution of the two documents, Exhibits P-1 and P-2. The evidence of these witnesses was found to be thoroughly convincing and reliable. They have duly proved the execution of the agreement, Exhibit P-1 and the receipt, Exhibit P-2, and the part payment of the consideration.;