on 29.03.2010 and the stamp paper contains the date as 26.03.2010. But simply because the document writer has written an earlier date as the date on which the stamp paper was sold, we cannot say that the document itself is not a genuine one. So it is held that the 1st defendant, as the power agent of the 2nd defendant, who is the owner of the property, has executed Ex.A2 agreement to sell in favour of the plaintiff. The sale price fixed is Rs.12,00,000/-. As per the document, Rs.10,00,000/- has been paid as advance. From the evidence of PW1, it is seen that he is always ready and willing to purchase the property by paying the balance consideration and it is only due to the fault on the side of the defendants, the sale deed was not executed. It may be true that the 2nd defendant and his family members have filed complaints as if the Power of Attorney itself was obtained by misrepresentation and cheating the 2nd defendant, it could be seen that the complaints to the police were made by them only after the plaintiff has sent legal notice demanding execution of sale deed as per the agreement. So, their case cannot be taken into consideration.
