CHARANJIT KAUR Vs. RAJA SINGH AND ORS

JUDGEMENT

(1.) Plaintiff Charanjit Kaur has filed the instant second appeal having remained unsuccessful in both the courts below.

(2.) Plaintiff filed suit for permanent injunction against Raja Singh - respondent No. 1/defendant No. 1, Mukhtiar Singh - defendant No. 2 (since deceased and now represented by respondents No. 2 to 4 as his legal representatives) and Balwant Singh - defendant No. 3 (suit qua defendant No. 3 dismissed as withdrawn in the trial court ). The plaintiff alleged that she is owner in possession of 08 kanals land, as detailed in the head note of the plaint, vide agreement dated 06.09.1982, executed by defendants No. 2 and 3 in favour of the plaintiff, after receipt of entire payment (consideration). Defendants have no concern with the suit land, but they were trying to dispossess the plaintiff therefrom. Accordingly, the plaintiff sought permanent injunction restraining the defendants from interfering in peaceful possession of the plaintiff over the suit land measuring 08 kanals and from dispossessing the plaintiff therefrom illegally and forcibly without due process of law.

(3.) Defendant No. 1 denied the allegations of the plaintiff. It was pleaded that plaintiff is neither owner nor in possession of the suit property. Agreement pleaded by the plaintiff was an act of forgery. Plaintiff had relinquished her right in the suit land by receiving Rs. 20,000/-. Defendant No. 2 also filed separate but similar written statement.