MUKESH KUMAR Vs. RAVINDER GOEL

JUDGEMENT

(1.) The plaintiff-appellant has filed an appeal against the judgment passed by the learned Additional District Judge, Panipat on 26.02.2021 while reversing the judgment passed by the learned Trial Court. The parties are being referred to their status in the suit.

(2.) The plaintiff filed a suit for grant of decree of permanent injunction restraining the defendants from interfering in his peaceful possession over the suit property. It may be noted here that the plaintiff and defendant No. 1 are brothers whereas defendant No. 2 who died during the pendency of the first appeal was their mother. It is undisputed that Smt. Angoori Devi, the mother of the parties, was the owner of the property in dispute. The plaintiff claims that his mother late Smt. Angoori Devi had leased 4 kanal land to him vide lease deed dated 06.12.2006 for a period of 20 years @ Rs. 7,000/- per month which was also got notarized. The plaintiff claims that he is in settled possession of the land and therefore, the defendant should be restrained. The defendant filed a written statement claiming that the suit property is in his physical possession and the plaintiff has no concern in the same. The defendant No. 1 also claims that Smt. Angoori Devi vide a registered transfer deed dated 13.10.2014 transferred the ownership of the property to defendant No. 1.

(3.) On framing of issues, the parties were permitted to lead evidence. The plaintiff himself appeared as PW1 and produced on record a copy of the sale deed, lease deed, site plan, registration certificate, TIN number, cross cheque and photographs. He also produced various other documents which were not proved. On the other hand, defendant No. 1 examined himself apart from examining Hemant Kumar, Assistant Registration Clerk.