Specific performence
pushpakrishna
(Querist) 10 July 2015
This query is : Resolved
Dear Experts,
in a suit for specific performance for an agreement of sale signature admitted by the Lrs.saying but that is for advancement of money notfor selling the land. as the executor died and Lrs. brought on record.and ready to pay certain amount . in the written statement and in chief affidavit they are admitted the Signature.unfortunately due to unavoidable circumstances the scribe and witnesses are not able to come to the court to give the evidence on behalf of the plaintiff.Even for the Defendant only Lr.has been examined and chief affidavit filed by her (Lr) also denied in the court.in this circumstances esteemed experts may give suitable advice on this.Thanq in advance.
J K Agrawal
(Expert) 11 July 2015
Admitting signature means admitting the whole document. Admission is best evidence and no need to prove the document by any other person.
pushpakrishna
(Querist) 11 July 2015
Respected expert J.K.Agarwal Ji,
i Thank you very much for your prompt and kind reply but signature admitted but for loan purpose and taken Rs.2,00,000/on bond paper but the Defendant saying that not for the agreement of sale of the plot.More interestingly Chief Affidavit signed and filed by the Defendant before the court and when she entered in to the witness box and stated that what is mentioned in the affidavit is wrong .Kindly advice .thanq.
