- (1.) This Letters Patent Appeal is filed against the judgment dated 16.07.1993 rendered by the learned Single Judge in Appeal from Original Decree No. 6 of 1981. The appeal in turn was filed against the judgment and decree dated 14.10.1980 passed by the learned 3rd Additional Subordinate Judge, Arrah, in Title Suit No. 70/2 of 1977/1980. The defendants in the suit are the appellants herein.
(2.) The facts, in brief, are as under: The respondents filed a suit against the appellants for the relief of specific performance of an agreement of sale, dated 13.12.1976. It was pleaded that the appellants entered into an agreement of sale in respect of 45 decimals of land, in plot No. 986, Khata No. 162 of village-Daulatpur, Ara-District; for a total consideration of Rs. 17,300/-. A sum of Rs. 3,000/- is said to have been paid on the date of agreement. The respondents pleaded that though a notice, requesting the appellants to execute the sale deed was issued, they did not respond to it; and left with no alternative, the suit was filed. It was stated that the respondents were ready and willing to perform their part of contract.
(3.) The appellants filed their written statement opposing the suit. They denied the very execution of the agreement. It was alleged that the suit agreement of sale was forged one. Alternatively, it was pleaded that the executant, by name Jaikant Singh was addicted to intoxicants and taking advantage of the same, the agreement was obtained from him, by using undue influence and coercion. The absence of cause of action and some other pleas were also raised.;