BHUPENDRA SINGH (DEAD) THROUGH LR PUJA BUNDELA AND ANOTHER Vs. RASHTRIYA ADARSH GRAH NIRMAN AND ANOTHER

JUDGEMENT

(1.) This appeal by the defendants is directed against the confirming judgment and decree dated 18.2.2011 passed by III Additional Judge to the Court of 1st Additional District Judge, Gwalior in Civil Appeal No.24-A/2010. Plaintiffs suit for declaration and permanent injunction has been decreed vide judgment and decree dated 30.7.2010 passed in Civil Suit No.44-A/2009.

(2.) Facts necessary for disposal of this appeal are to the following effect:

(3.) Plaintiff examined Vice President of the Society namely Yateendra Singh Tomar as PW1 and Col. Indrapal Singh Chouhan as PW2. PW1 deposed about his authority to file the suit on behalf of the plaintiff/Society with due reference to by law 39(2) of the Society and proved the authority letter (Ex.P-2). Indrapal Singh Chouhan (PW2) has deposed that the Society had executed the sale deed (Ex.P-7) transferring the title and possession of the suit property in his favour. There was no challenge to the aforesaid factum of execution of sale deed by the defendants as no evidence in that behalf was led. The original sale deed (Ex.P-7) was, accordingly, found proved.