ASHA Vs. SARASWATI & OTHERS

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by the order dated 13.01.2018, passed by the Civil Judge, Class-II, Ratlam by which application filed under Section 65 of the Evidence Act, 1961 has been rejected.

(2.) Facts of the case are as under:

(3.) The petitioner/plaintiff has filed the suit seeking relief of declaration and permanent injunction to the effect that the defendants be restrained from interfering in her possession over the Municipal House No.5/647, Mohalla Ghanchho Ka Vas, Shamshan Road, Ratlam. She entered into the agreement to sale on 21.02.2011 with Late Radheshyam S/o Sagarmal Rathore, . She paid an amount of Rs.28,50,000/- and agreed to pay the balance consideration on or before 20.07.2011 and Radheshyam has also agreed to execute the registered sale deed. According to the plaintiff, Radheshyam has also executed registered power of attorney in favour of the plaintiff on 20.07.2011 in respect of same suit property. The defendant No.2 has signed as a witness in the said power of attorney, therefore, he is well aware of agreement to sale as well as power of attorney. According to the petitioner, she has handed over the original copy of agreement to sale and power of attorney to defendant No.3 in order to secure loan to purchase another house by her husband. In the month of October, 2012 the defendant No.2 along with family members started pressuring the petitioner for eviction of the suit property as he has purchased the same. Thereafter, the plaintiff filed civil suit seeking relief of permanent injunction to protect her possession. The defendant No.1 to 3 upon service of summons appeared and filed written statement. Thereafter, the plaintiff has filed the suit for specific performance of agreement to sale against the defendants as well as Radheshyam. In the said suit, she has also claimed relief of cancellation of the sale deed.