HINDU SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THIS is a plaintiff's appeal under section 100 of the Code of Civil Procedure having lost in both the Courts below.

(2.) ON 18 -2 -1969, the plaintiff filed a suit for declaration and permanent injunction alleging that, on 23 -4 -1963, the suit lands detailed in para 1 were sold to him on a consideration of Rs. 2,200/ - and delivered possession thereof and executed agreement, Ex. P -1, to evidence the same. Despite this, defendants No.3 to 7 executed a registered sale -deed dated 10 -1 -1969 (Ex. D -1) in favour of defendants 1 and 2 which was without consideration. It was alleged that the sale -deed was obtained by defendants 1 and 2 by fraud and after administering liquor to defendant No.3. Armed with that sale -deed, defendants No. l and 2 are trying to interfere with his possession and harvest the standing crop. Hence he prayed for declaration that the sale deed (Ex. D -l) is illegal and not binding on him and for permanent injunction restraining defendants No. 1 and 2 from interfering with his possession.

(3.) THE trial Court partly decreed the suit on findings that the plaintiff failed to prove that the agreement (Ex. P -l) was executed by defendants 3 to 7 selling the suit lands to the plaintiff. However, the plaintiff's possession was found proved from before the execution of agreement (Ex. P 1) and therefore, injunction was issued against defendants 1 and 2 restraining them from forcibly taking possession of the suit lands from the plaintiff.