BALWINDER SINGH Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) This is defendant's Regular Second Appeal against whom a decree for declaration and permanent injunction in respect of the property in dispute has been passed by both the Courts below.

(2.) The facts of the case, in brief, are as under :-The present suit was brought by plaintiff-respondent Mukhitiar Singh against defendant-appellant Balwinder Singh and another seeking declaration that he is co-owner in possession of the suit land, as described in the head-note of the plaint, along with his brothers Sampuran Singh and Ujagar Singh and that the sale deed dated 2-8-1989 obtained from him (plaintiff-respondent) in respect of land measuring 5 Kanals 1 marla is the result of fraud, coercion, undue influence, without consideration and, as such, not binding on him. The plaintiff-respondent also claimed permanent injunction restraining the defendants from interfering in his possession over the land. It was stated in the plaint that the defendants got him (plaintiff-respondent) arrested along with his father Sawan Singh twice, i.e. first under Sections 107/151 of the Code of Criminal Procedure and thereafter again from the local police and pressurised him to execute the sale deed dated 2-8-1989 in their favour. No money was paid while execution of the sale deed and possession of the land was also not delivered by the plaintiff to the defendants. The plaintiff requested the defendants not to interfere in his possession over the suit property, but to no effect.

(3.) The suit was contested by the defendants. In the written statement filed by them it was claimed that they had purchased the suit property through sale deed dated 2-8-1989 for a consideration of Rs. 50,000/-. They denied that the sale deed was obtained by fraud, coercion or undue influence from the plaintiff and maintained that they are in possession of the suit property.