IMPORTANT POINTS
Evidence cannot be discarded on mere assumptions and wrong reasons.
Expert evidence is a weak and not substantial evidence. Even then it can be relied if creditworthy. Otherwise independent and reliable corroboration should be sought.
Signature in question should be compared with contemporaneous or prior signatures, not subsequent signatures.

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. These appeals are directed against the impugned judgment dated 12.06.2008 passed by the High Court of Andhra Pradesh at Hyderabad in Appeal Suit No. 1404 of 2004 and Cross-Objection (SR) No. 50168 of 2004.

2. By the impugned judgment, the High Court has reversed the judgment of the Trial Court dated 05.12.2003 passed by the IIIrd Additional District Judge at Karimnagar in O.S. No. 91 of 1996, in which the Trial Court had decreed the suit.

3. A suit for specific performance was filed by the plaintiff, Chennadi Jalapathi Reddy (the appellant herein) in respect of the agreement of sale dated 20.04.1993 pertaining to House No. 1-5-266 (new) situated at Kaman Road, Karimnagar. It is his case that the first defendant in the suit, Baddam Pratapa Reddy (the first respondent herein, now deceased) agreed to sell the suit schedule house in his favour; that he was always ready and willing to perform his part of the contract; and though he had sufficient money to get the sale deed registered and had brought the availability of money to the notice of the first defendant, the latter did not execute the sale deed in his favour. The first defendant and his brother, Baddam Ram Reddy, sold their respective shares in the suit house in favour of the second defendant, Neethi Satyanarayana (the second respondent herein) after execution of the agreement of sale in favour of the plaintiff. The suit was initially filed against the first defendant. The second defendant was impleaded subsequently. It is relevant to note here that the plaintiff purchased half of the suit property from the second defendant after the impugned judgment was passed by the High Court.

The defendants in their written statement denied the case of the plaintiff, specifically alleging that the agreement of sale is forged.

On evaluation of the material on record, the Trial Court decreed the suit. Vide the impugned judgment, the High Court dismissed the suit and disposed of the appeal and cross-objections arising out of the judgment of the Trial Court. Hence, the instant appeals have been preferred before this Court.

4. During the trial, the agreement of sale Ext. A-1 was sent for obtaining expert opinion on the genuineness of the signature of the first defendant thereon. DW-2 is the expert who examined it and his report is at Ext. B-2. He opined that the admitted signatures of the first defendant and the disputed signature do not tally, thereby meaning that it is forged. The Trial Court considered this expert opinion, but preferred not to rely on it, inasmuch as it ruled that the expert opinion was not corroborated by any reliable evidence. It also held that the evidence of the attesting witnesses (PWs 2 and 3) is cogent and reliable, and there is no reason why their evidence should be disbelieved to give way to the expert opinion.

Per contra, the High Court solely relied upon the expert opinion and dismissed the suit by concluding that the signature of the first defendant on the agreement of sale Ext. A-1 is forged.

5. From the discussion of the High Court in arriving at this conclusion, we find that it has not assigned any valid reason for disbelieving the attesting witnesses PWs 2 and 3. In fact, with respect to their evidence, the High Court made certain observations which are against the evidence on record. Similarly, with respect to PW-1, the High Court observed that he had not deposed as to the presence of the third attestor, Krishna Murthy, at the time of execution of the agreement of sale. However, it is clear from the evidence of PW-1 that he has specifically deposed about the presence of Krishna Murthy at that time. It was also wrongly observed by the High Court that PWs 1 and 2 are silent as to the time and place of the execution of the agreement. However, in his examination-in-chief, PW-2 has clarified that the first defendant executed this agreement at the suit schedule house, at a time when he was residing there and the plaintiff was r