DARSHAN SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) Darshan Singh petitioner, has challenged the order dated 5.2.2011 passed by the trial court, whereby the application for leading secondary evidence of the sale deed dated 14.3.1992 was declined. The application was moved on the ground that defendant No. 2 Gurdeep Singh purchased the suit land, vide registered sale deed dated 14.3.1992 from Kulwant Singh, Ajaib Singh brothers of Gurdeep Singh and Gulzar Singh father of Gurdeep Singh. The petitioner was under the impression that the original sale deed dated 14.3.1992 must be in possession of defendant No. 2, appeared in the Court on 3.12.2010 and produced the photo copy of the sale deed marked as Mark DW8/A. The mutation of the sale deed was sanctioned and possession was also delivered to Gurdeep Singh. The petitioner is the purchaser of the property from Gurdeep Singh and he intended to prove the original sale deed. Since Gurdeep Singh did not produce the original sale deed, therefore, he wants to prove the same by way of secondary evidence.

(2.) In reply, the plaintiffs stated that the application is mala fide. As a matter of fact, Kulwant Singh, who is one of the executants of the sale deed, had already died on 17.8.1973, therefore, no such sale deed could be executed.

(3.) The petitioner could not prove the sale deed as he had examined Gurdeep Singh with the hope that he would bring the original sale deed, through which he had purchased the suit property, but Gurdeep Singh refused to produce the original sale deed, as such, occasion to prove the sale deed by way of secondary evidence arose. The existence of the sale deed stands proved from the fact that the sale deed being registered one and copy of the same having been proved on record as mark DW8/A. The apprehension of the petitioner is that since the original sale deed was not proved on the record and only a copy thereof was marked, therefore, that may shadow his title. There is specific issue "whether the defendant purchased the suit property from Kulwant Singh etc?" In order to prove the said issue has to prove the earlier sale deed executed by Gurdeep Singh etc.