the file that since defendant No.1 Bhag Singh, who appeared in the witness box as DW3, admittedly , is uncle of Dinesh Pal Singh,DW5, the husband of defendant No.2, therefore, this is another reason to raise eye brows regarding the due execution of agreement to sell in favour of defendant No.2. Said agreement to sell did not see the light of the day at an earlier point of time and defendant No.1 as DW3 categorically admitted that it was submitted in the court for the first time with his affidavit, while this witness appeared in the court. No cogent reason could be explained by this witness as to why he, Dinesh Pal Singh and Brijesh came all the way from Narhera to Gurgaon Court for the execution of the agreement to sell. Defendant No.2 is the resident of village Narhera. When the impugned sale deed Ex.DW1/A was executed in Tehsil Pataudi, then the compelling reasons for the defendants to come to Gurgaon for the execution of agreement to sell, were to be explained by the defendants. Sunil Kumar Sharma DW5/A did not maintain the register of drafting the documents. Though he claims that earnest money of ` 50,000/- was paid by Dinesh Pal Singh to defendant No.1 in his presence but as discussed earlier, Dinesh Pal Singh is his colleague for many years. Therefore, the acceptance of the statement of DW5/A is fraught with the danger of legalizing an ante dated agreement to sell in favour of defendant No.2.”
