RAJINDER KUMAR Vs. AJESH JAIN

JUDGEMENT

(1.) Defendant is in second appeal against judgment and decree of both the Courts below by which the plaintiff's suit for declaration has been decreed and the defendant has been permanently restrained from dispossessing the plaintiff from the suit property and from raising any sort of construction thereon.

(2.) Plaintiff's case is that plot measuring 4 marla comprised in kheqat No. 97, situated within the revenue estate of village Kishanpura, was sold to him by defendant No. 1 vide registered sale deed dated 1.6.1998 against a valuable consideration of Rs. 12,000/-. Initially, the sale deed was impounded by the Sub Registrar which was later on released by Deputy Commissioner, Jind on 21.1.2000 on payment of defficiency of Court fee. The plaintiff had to file a suit as defendant was denying the title of the plaintiff and was threatening to interfere in his peaceful possession by removing malba lying on the plot and by raising construction on it.

(3.) The defendant's case is that the plaintiff had orally agreed to purchase the property in dispute from defendant No. 1 against a consideration of Rs. 1,20,000/-but he alongwith his father fraudulently got executed the sale deed for a sum of Rs. 12,000/-. He also filed a counter claim seeking declaration that despite registration of sale deed No. 761 dated 1.6.1998, he continuous to be owner of the property in dispute as the said sale deed was obtained by fraud.