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1984 Supreme(P&H) 355

SUKHDEV SINGH KANG
Lakhbir Singh – Appellant
Versus
Kesar Kaur – Respondent


Judgment

Sukhdev Singh Kang, J.

1. Lakhbir Singh and others have filed this revision petition against the order dated December 10, 1982, of the learned Sub Judge, Namodar, whereby their application requiring the defendants to produce a power of attorney, allegedly executed by Smt. Kesar Kaur and Smt. Biro in favour of Budh Singh and for production of other additional evidence was declined.

2. Lakhbir Singh and others, petitioners, filed a suit for specific performance of a contract dated August 4, 1980. It was alleged that Smt. Kesar Kaur (since deceased) and Smt. Biro had through their attorney Budh Singh entered into an agreement with the petitioner-plaintiffs to sell certain land belonging to them. It is also alleged that Rs. 3000/- were paid as earnest money. The petitioners remained ready and willing for the registration of the sale-deed but the defendants committed default. They rather executed a sale-deed in favour of defendants 4 to 7.

3. The suit was contested by defendants 4 to 6.

Petitioners examined Charan Singh, the scribe of the alleged power of attorney, who supported their case. They also examined Budh Singh, above mentioned, as their own witness. He did not support

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