2017 A.P. Digest - June part

2017 A.P. Digest - June part-1
suit for specific performance - sale agreement is a fabricated one - The Court
below took the aid of a magnifying glass to look at the dates, to understand that the sale agreement was brought into existence and is not a genuine one. But even to the naked eye the said dubiety would be evident. The sale agreement, as rightly observed by the Court below, is dated 23.05.1987 whereas the stamp paper was purchased on 27.05.1987. The said inconsistency is insuperable.P.W.1 asserts that the stamp paper was purchased on the date of 
agreement itself,which is 23rd, whereas the stamp paper bears a glaring date of 27th.-the evidence of the attestors and any one testifying to have been a witness to such agreement, like P.W.6 also would only be nothing but untrustworthy.-no other understanding except that the sale agreement was brought into existence by all concerned, unmindful of the said possible discrepancy.-From the fact that the plaintiff fabricated the sale agreement with the help of
P.W.2, with whom, allegedly, the defendants had some monetary  transaction, it can be said that the entire record pertaining to the alleged monetary transactions between the plaintiff and the
defendants is fabricated.
the plaintiff came to the court with uncleaned hands not entitled for specific performance- The registered sale deed as per the averments of the plaint has to be
executed on or before 22.01.1988. In order to understand the said date as an error, the agreement also recites the same and strangely, the suit is also filed on the said date. It is very difficult to understand as to how the plaintiff even without waiting for a single
day, chose to file the suit on the date, which is specified to be the date for registration of the sale

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