SURINDER KUMAR Vs. MURARI LAL

JUDGEMENT

(1.) Defendant-petitioner (hereinafter referred to as the petitioner) has filed this revision petition challenging the order of the trial Court allowing the plaintiff-respondent (hereinafter referred to as the respondent) to lead secondary evidence for proving sale deed dated 28th April, 1971 and mortgage deed dated 7th May 1980. The facts giving rise to the present revision petition are as under:

(2.) Plaintiff respondent No. 1 Murari LAI (hereinafter referred to as respondent No. 1) filed a suit alleging therein that Edward Ganj Public Welfare Association Malout, was the owner of property bearing Khewat No. 121, Khatoni No. 162, Khasra No. 2/353/23; that the respondent purchased the disputed-shop for a sum of Rs. 2450/- from the said Association vide sale deed dated 28th April, 1971; that respondent No. 1 mortgaged the property in dispute with possession in favour of Shrimati Mathra Devi defendant-respondent No. 2 (hereinafter referred to as respondent No. 2) for a sum of Rs. 3500/- vide mortgage deed dated 7th May, 1980, duly registered in the office of the Registrar. Respondent No. 2 did not contest the suit and admitted the factum of mortgage having been executed in her favour on 7th May, 1980.

(3.) The suit was contested by the present petitioner and it was alleged that respondent No. 1 never purchased any plot No. 23 and none out of Khasra No. 2/353, whereas he has purchased plot No. 24 of Khasra No. 9/360. Regarding mortgage deed, it was alleged in para 3 of the written statement that the said mortgage deed was a Sham, false, fictitious, a fake document and had been manipulated by respondent No. 1. A photostat copy of the sale deed was attached with the original suit.