The main legal point established in the judgment is the requirement for documents to be properly stamped under the Indian Stamp Act, 1899, for admissibility as evidence.

Surinder Gupta, J.

This is appeal against concurrent judgments of Courts below whereby suit filed by plaintiff-appellant for specific performance of agreement to sell dated 28.04.2000 pertaining to land measuring 12 kanals situated at Hansi and challenging the sale deed bearing no. 3639 dated 31.10.2007 executed by defendant no. 1 in favour of defendants no. 2 and 3, was dismissed.

2. Case of plaintiff, in brief, is that vide agreement dated 28.04.2000, executed by defendant no. 1-Smt. Parwati in favour of plaintiff, she agreed to sell land measuring 12 kanals for a sale consideration of Rs. 3,25,000/-. The agreement was drafted by Sh. Brij Lal Tanwar, Advocate, Bhiwani and the entire sale consideration was paid on the date of execution of agreement in the presence of witnesses. Possession of the suit land was delivered to plaintiff. No date for execution and registration of sale deed was fixed and it was left to the will of plaintiff to get the sale deed executed according to his convenience. On 16.01.2009, plaintiff served a notice on defendant no. 1 through his counsel and on receiving reply to that notice, he came to know that defendant no. 1 has already alienated the suit property to defendants no. 2 and 3 vide sale deed dated 31.10.2000.

3. Learned Additional Civil Judge (Sr. Division), Hansi dismissed the suit of plaintiff with the observation that agreement propounded by plaintiff (Ex. P-1) is forged and fabricated document. Some of the reasons given by learned Additional Civil Judge (Sr. Division) in support of his observation are enumerated as follows:-

(i) Entry on the reverse of stamp-paper, on which agreement was scribed, shows that this stamp-paper was purchased by Ramdhan, husband of defendant no. 1, but it does not bear his signatures. In case Ramdhan had purchased this stamp-paper, the stamp vendor must have obtained his signatures over it.

(ii) The stamp-paper was not purchased for execution of the agreement to sell but it was purchased for swearing an affidavit.

(iii) Plaintiff has deliberately avoided to examine the stamp-vendor as witness. He has not even disclosed his name and all these facts cumulatively establish that it is a forged and fabricated document.

(iv) PW-1 Brij Pal Tanwar, Advocate, who scribed the agreement has stated that Ramdhan was present at the time of preparation of agreement. His version appears to be highly improbable as signatures of Ramdhan were not obtained on any of the document, which were prepared at the spot. Neither Ramdhan signed on stamp-paper nor on the agreement or receipt. Defendant no. 1-Parwati, who is supporting the version of plaintiff and is stated to be living with him has also not been examined to state that she had executed the agreement in favour of plaintiff and the sale deed in favour of defendants no. 2 and 3 is forged and fabricated document.

(v) Defendant no. 1-Smt.Parwati had not taken any action (civil or criminal) against defendants no. 2 and 3 for fabricating the sale deed of her property in their favour.

(vi) In order to conclude agreement on two papers, entire written substance was adjusted according to available space on both the papers as spacing between the typing material of both the papers is different and besides it the spacing of the typed material on page no. 2 of the said agreement for sale is inter-se different as in the initial lines gap was much more than the last lines and this fact establishes that the spacing on page two of the agreement for sale was reduced in order to complete the typing material according to available space. Besides it, the proper space for obtaining the signatures of Shri Brij Pal Tanwar, Advocate and attesting witnesses was not available on the stamp paper and on account of this reason their signatures were narrowly squeezed on the stamp paper and due to paucity of place on the stamp paper names of witnesses were also not typographically written on it, rather the names of witnesses were hand written in a small spa