Judgment :

P. Sathasivam, J.

1) Challenge in this appeal is to the order dated 7.9.1999 passed by the Division Bench of the High Court of Patna, Ranchi Bench allowing L.P.A. No.29 of 1993 (R) filed by Smt. Parmatma Devi - first respondent herein.

2) The facts of the case, in a nutshell, are as follows:

By virtue of a written agreement of sale on 7.9.1979, one Kanika Bose (since deceased) had agreed to sell to the first respondent the southern portion of house being Holding No. 786-C, Ward No.1, Mohalla Barmasia under Giridih Municipality for a consideration of Rs.34,500/-. The first respondent paid a sum of Rs.2001/-as earnest money and part payment and a further sum of Rs.2000/-on 10.10.1979 to Kanika Bose on a condition that the sale deed would be executed within three months and balance consideration money would be paid at the time of execution of the sale deed. As Kanika Bose did not execute the sale deed, on 6.12.1979, the first respondent instituted suit being T.S. No. 54 of 1979 for specific performance in the Court of Subordinate Judge, Giridih, Bihar. In the said suit, the defendant - Kanika Bose filed her written statement denying the averments made in the plaint. By judgment dated 28.09.1983, the subordinate Judge, Giridih decreed the suit against the defendant. Challenging the said decree, the defendant preferred a first appeal before the High Court of Patna, Ranchi Bench and the same was registered as First Appeal No. 111 of 1983 (R). By judgment dated 04.10.1993, learned single Judge allowed the first appeal and dismissed the suit. Against the said judgment, the first respondent herein filed L.P.A. No. 29 of 1993(R). A Division Bench of the High Court, by the impugned judgment dated 7.9.1999 allowed the said L.P.A. by setting aside the judgment dated 4.10.1993 passed by the learned single Judge and restoring the judgment and decree of the trial court. Aggrieved by the said judgment, Kanika Bose-the defendant has preferred this appeal by way of special leave before this Court. Pending appeal, Kanika Bose died on 27.5.2007. On an application for bringing the legal heirs on record, three legal representatives were brought on record i.e., Aloka Bose as appellant and other two legal heirs as proforma respondent Nos. 2 & 3.

3) We have heard Mr. Ranjan Mukherjee, learned counsel appearing for the appellant. On the contentions urged, the following points arise for consideration in this appeal:

i) Whether an agreement of sale (Ext.2) executed only by the vendor, and not by the purchaser, is valid?

ii) Whether the plaintiff has satisfied and established her case for decree for specific performance under Section 16(c) of the Specific Relief Act, 1963.

4) The main contention urged on behalf of the defendant is that the signature found in the agreement was forged and in any event, in the absence of signature of the purchaser, Ext.2 is neither a complete nor a valid agreement; and consequently the plaintiff is not entitled to enforce the same. In this respect, it is relevant to point out that the learned trial Judge framed specific issues, namely, Issue Nos. 5 and 6 and discussed the same in detail. In the plaint, the plaintiff has asserted that an agreement of sale was duly executed by the defendant and she had put her signature in token of its execution after receiving the earnest money. In order to prove the genuineness of the agreement of sale (Ext.2), the plaintiff has asserted that defendant had executed the said agreement. She also got the signature of the defendant in the agreement of sale Ext.2 examined and compared with the admitted signature of the defendant through handwriting expert P.W.1 Syed Ekbal Taiyab Hussain Raza who opined that the signature on the agreement of sale as well as specimen signatures of the defendant are one and the same.

Apart from the expert evidence, plaintiff has also produced P.W.3 – Shankar Lal, a land broker, who asserted on oath that the defendant had put her signature in the agreement o