LAKHMEER KHAN Vs. BIJENDRA SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties on the point of admission of second appeal and perused the records.

(2.) Original suit no. 618/2010 filed by plaintiff for relief of permanent injunction. In the plaint of this suit, no specific cause of action for the relief sought in the plaint is mentioned. According to the plaint case, defendant had fraudulently got executed the registered agreement for sale of property of plaintiff in favour of defendant, when plaintiff requested him to get the said registered deed of agreement to sell cancelled, then he refused, so plaintiff had filed suit for permanent injunction.

(3.) After affording opportunity of hearing to the parties, Second Additional Civil Judge (S.D.), Gautam Budh Nagar had dismissed the suit by its judgment dated 28.03.2014 with specific finding that plaintiff had willingly executed the registered agreement to sell in favour of defendant and obtained advance consideration for the sale. The trial court had found that plaintiff had failed to prove his case, so suit was dismissed.