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2023 Supreme(P&H) 1609

GURBIR SINGH
Naranjan Dass @ Naranjan Singh – Appellant
Versus
Mohan Singh – Respondent


Advocates appeared:
For the Parties : Mr. Avtar Singh Bhatti

Judgment

Mr. Gurbir Singh, J.

This Regular Second Appeal has been filed against the concurrent finding of facts recorded by both the Courts below.

2. The brief facts, necessary for disposal of the present appeal, are that the plaintiff/respondent Mohan Singh filed a suit for specific performance of the agreement to sell dated 26.12.2003, executed by the defendants/appellants, for sale of house measuring 13 marlas, for a sum of Rs.2,00,000/-. An amount of Rs.1,50,000/- was paid as earnest money. The plaintiff/respondent examined one of the attesting witnesses namely Ajaib Singh as PW-2 and Navdeep Gupta – Handwriting and Finger Print Expert as PW-3. Thumb impressions of the defendants/appellants on the agreement were got compared with their specimen thumb impressions and those were found to be of defendants/appellants. The suit was accordingly decreed. Appeal preferred against the said decree was dismissed. So, the defendants/appellants have approached this Court by way of Regular Second Appeal.

3. Learned counsel for the appellants has argued that the appellants obtained loan from the bank. Mutation of the property in question was already sanctioned in favour of the bank and entere

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