SANTA SINGH Vs. TARSEM SINGH

JUDGEMENT

(1.) This is a second appeal filed by the plaintiff/appellant and is directed against the judgment of the learned trial Court dated 2.8.1982 as also of the First Appellate Court dated 3.9.1984.

(2.) In a suit filed by the appellant on the plea that he is the sole owner and in exclusive possession of the suit property including the construction existing thereon, he prayed for declaration to the effect that he is the owner in possession of the suit property and also prayed for permanent injunction restraining the respspondent from making any construction on the property in dispute without the consent of the appellant. It was further pleaded by the appellant that he made construction over the suit property by spending huge amount of money over a period of time and that he never executed the sale deed in favour of the respondent which is as a result of fraud and misrepresentation and was probably got executed when he was not in a sound disposition in January, 1980. He also sought to cast an aspersion on the sale deed by pleading that the property was worth more than Rs.75,000/- and could not have been alienated in favour of the respondent for a meagre sum of Rs.39,000/-.

(3.) The suit was resisted by the respondent to plead that the sale deed was genuine and the allegations of fraud and misrepresentation were wrong and also pleaded that the appellant was precluded from filing the instant suit because of his conduct. The following issues were framed :-