JAGTAR SINGH Vs. RAJINDER KUMAR AND ANOTHER

JUDGEMENT

(1.) Defendant No. 3 Jagtar Singh has filed this revision petition under Article 227 of the Constitution of India assailing judgment dated 01.09.2010 (Annexure P-2) passed by learned Additional District Judge, Ludhiana. Respondent No. 1-plaintiff Rajinder Kumar filed suit against Mukhtiar Singh (since deceased), his sons Didar Singh (defendant-respondent No. 2) and Jagtar Singh (defendant No. 3-petitioner) for permanent injunction alleging that defendant No. 1 agreed to sell the suit land to the plaintiff vide agreement dated 19.11.1994 and possession of the suit land was delivered to the plaintiff. The agreement was executed by defendant No. 2 and was also signed by defendants No. 1 and 3 as witnesses. Entire sale consideration was received by defendant No. 2. The plaintiff, on the basis of his possession, sought permanent injunction restraining the defendants from dispossessing the plaintiff from the suit land. By moving separate application, plaintiff claimed temporary injunction to the same effect during pendency of the suit.

(2.) Defendants No. 1 and 3 contested the suit and the application, whereas defendant No. 2 was proceeded ex-parte.

(3.) Defendants No. 1 and 3 pleaded that defendant No. 1 is owner of the suit property. However, impugned agreement to sell was denied. It was also pleaded that defendant No. 2 had no authority to execute the agreement on behalf of defendant No. 1, who is owner of the suit land. The plaintiff illegally and forcibly encroached upon the suit land and fabricated the alleged agreement.