YOGENDRA PAL SINGH Vs. HARI SINGH AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the defendant-appellant and perused the record.

(2.) Present appeal has been filed challenging the judgement and decree dated 17.1.2020 passed by Additional District Judge, Amroha in Civil Appeal No. 78 of 2018 by which appeal filed by the defendant-appellant, arising out of judgement and decree dated 25.8.2018 passed by the Civil Judge (Sr. Division), Amroha decreeing the suit of the plaintiff-respondent, was dismissed.

(3.) The plaintiffs-respondents filed a suit for permanent injunction against the defendant-appellant on the ground that they are the owners of the property in question on the basis of a registered sale deed dated 13.9.1971 executed in favour of their father and the defendant-appellant is trying to dispossess them. The defendant-appellant came out with a case that half of the property was sold by father of the plaintiffs-respondents to the father of the defendant-appellant and a receipt dated 6.12.1971 was executed. It was asserted that the possession was handed over to the defendant-appellant and he is in possession over the property in question. The registered sale deed dated 13.9.1971 was filed by the plaintiffs-respondents and the defendant-appellant filed the receipt dated 6.12.1971, for a sum of Rs. 520/- which is also on record as paper no. 22-Ga. The boundaries of the property have been shown in the receipt. The trial Court allowed the suit for injunction on the ground that the receipt does not confer any right or title to the defendant and he has also failed to prove the possession. It was asserted that the documentary evidence in respect of the possession i.e. photographs and other receipts etc. could not prove that the same are in respect of the property in question as it was admitted by the defendant that he has several properties in the village and the electricity bill and other connection receipts etc. could not establish their possession over the property in question or that they are in respect of the property in question. It was also found that the defendant is alleging the transfer of the immovable property, however, alleged receipt dated 6.12.1971, which is being claimed to be a sale deed, is not registered as required under Section 17 of the Indian Registration Act, 1908 and therefore, the same is not a valid document in law regarding transfer of immovable property for consideration. The suit was decreed by the trial Court and the appeal filed by the defendant was dismissed by the lower appellate court.