2008 (2) ABR (NOC) 238 (KAR.) = 2007 (6) AIR KAR R 552 ::2007 (6) AIR Kar R 552 ::2008 A I H C 703

Karnataka High Court

Hon'ble Judge(s): V. Jagannathan , J

(A) Specific Relief Act (47 of 1863) S. 20 — Specific performance of agreement to sell — Denial of execution by defendants — Plea set up by defendants that plaintiff took signature of first defendant on blank paper — First defendant denied his own signature on all documents viz , Vakalath-nama, Written Statement and affidavit — He was uttering falsehood only to wriggle out of situation faced by him and to come out of agreement of sale — Suit liable to be decreed at stage of examination of parties Civil P C (5 of 1908), O 10, R 1 Evidence Act (1 of 1872), S 73 AIR 2003 Kant 354; AIR 1996 SC 2814; AIR 2005 SC 1008; AIR 1997 SC 3255; 2004 AIR — Kant HCR 96, Disting AIR 1999 SC 2544, Relied on