HARI SINGH Vs. SASVINDER KAUR @ SASVINDER GHAI

JUDGEMENT

(1.) The epitome of facts culminating in the commencement, relevant for disposal of the present appeal and emanating from the record is, that Hari Singh, son of Battan Singh, Appellant-Plaintiff (hereinafter to be referred as "the Plaintiff") filed the suit for declaration to the effect that he is the owner and in possession of the disputed house, the sale deed dated 10.06.1999 registered on 11.06.1999 (Ex.DW-1/B) in favour of the Defendants and the mutation sanctioned thereof, are illegal, sham transactions, result of fraud and does not create any possessory and proprietary rights in favour of the Defendants, with a consequential relief of permanent injunction, restraining his daughter-in-law-Sasvinder Kaur @ Sasvinder Ghai, wife of Harpreet Singh and her brother Harminder Ghai, Respondent-Defendants (for short "the Defendants") from dispossessing him and from further alienating the property in dispute in any manner.

(2.) The case set up by the Plaintiff, in brief, insofar as relevant was, that the Defendant No. 1 is his daughter-in-law, whereas Defendant No. 2 is her brother. He (Plaintiff) purchased the suit property from Smt. Bhupinder Kaur through her Attorney Harparkash for a consideration of Rs. 2 Lacs and the amount was paid by him. He (Plaintiff) verbally authorized his daughter-in-law (Defendant No. 1) with clear understanding to purchase the stamp paper and get the sale deed executed in his favour. The Defendants have conspired to deprive the Plaintiff of his right, got the alleged sale deed executed in their favour and no amount was paid by them before Sub Registrar, at the time of registration of the sale deed. The possession of the suit property was never handed over to the them (Defendants).

(3.) Concisely, the Plaintiff claimed that he is actual owner and in possession of the property in dispute but the Defendants threatened to dispossess him and to alienate the same without any legal right. On the basis of aforesaid pleadings, the Plaintiff filed the suit for decree of declaration and permanent injunction against the Defendants in the manner indicated hereinabove.