RAMESH CHAND AGARWAL Vs. HEMA AGARWAL

JUDGEMENT

(1.) This appeal, preferred under section 96 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 29.08.2011 passed by Civil Judge (Senior Advocate) Rishikesh, in Original Suit No. 204 of 2008 whereby said court has dismissed the suit filed by the plaintiff for injunction against the respondent.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Brief facts of the case are that plaintiff Ramesh Chand Aggarwal filed a Suit No. 204 of 2008 before Civil Judge (Senior Division) Rishikesh, seeking perpetual injunction against the defendant for issuance of direction that she be restrained from interfering in peaceful possession of plaintiff over land in suit. It is pleaded in the plaint filed by the plaintiff that the plaintiff purchased land in suit vide sale deed dated 02.04.2002 for a consideration of Rs. 6,72,000/-. It is further pleaded that amount of only Rs. 50,000/- was contributed by his son Devendra Kumar Agarwal (since died) in the consideration paid to the seller. As such, the share of son of the plaintiff was only 6.7 %. The plaintiff further pleaded that he is in possession of the land in suit. It is also pleaded that Devendra Kumar Agarwal, son of the plaintiff died on 31.10.2007. Defendant Hema Agarwal is widow of Devendra Kumar Agarwal. It is alleged in the plaint that after the death of the Devendra Kumar Agarwal, the defendant implicated the plaintiff in frivolous criminal proceedings. It is further alleged that she wants to forcibly grab the land in suit.