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2001 Supreme(SC) 606

V.N.KHARE, S.N.VARIAVA
Satnam Singh – Appellant
Versus
Sadhu Singh – Respondent


ORDER

One Bhagat Singh, son of Sunder Singh, on 29.9.1981, executed an agreement for sale in respect of 14 marlas of agricultural land in favour of Onkar Singh, s/o Bhagat Singh. The said agreement for sale stated that the name of vendor, i.e., Bhagat Singh has been wrongly entered as Bhagat Singh s/o Ram Singh and after correction of his name, he would sell the said land @ Rs. 300/- per marla to Onkar Singh, s/o Bhagat Singh. It is not disputed that, on 5.9.1983, during consolidation proceedings, the Consolidation Officer corrected the name of Bhagat Singh. Thereafter, on 1.9.1985, the plaintiffs approached the vendor for executing the sale deed. However, the vendor-Bhagat Singh, got the name of his grandson mutated in respect of the said plot of land. Under such circumstances, the plaintiffs, on 29-3-1986, filed a suit for specific performance. The defendants-respondents filed a written statement and one of the pleas taken was that the agreement for sale was not executed by Bhagat Singh as he was literate and always signed the documents and has never put his thumb impression. On behalf of the plaintiffs, Teja Singh, one of the attesting witnesses was examined. Beside Teja Singh, J






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