CHAHI Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE Civil Miscellaneous application is allowed and the documents are taken on record. Can the oral evidence adduced by the plaintiffs be given weightage over the documentary evidence adduced by the defendants in the present case ? is the short question of law that arises for determination in the present appeal.

(2.) SMT . Chahi alias Anchahi (deceased) purchased the suit land from the Custodian of Evacuee Properties and the sale certificate was issued in her favour and the possession of the suit property was also given to her. In order to challenge her possession, one Jugti Ram filed a suit for permanent injunction restraining her and her son Hari Kishan from interfering into his possession. The Sub Judge Ist Class, Hansi, vide judgment dated December 21, 1981 dismissed the suit filed by the Jugti Ram by holding that the plaintiff Jugti Ram was not the owner or in possession of the suit property. Rather Smt. Anchahi alias Chahi was held to be the owner and in possession of the suit property. The appeal filed by Jugti Ram was also dismissed by the Additional District Judge, Hisar vide judgment and decree dated November 15, 1983. Thereafter no appeal was filed in the High Court to challenge the judgments and decrees passed by the said Courts. Thus, the decree holding Smt. Chahi as the owner and in possession of the suit land had become final. Thereafter Smt. Chahi filed a suit against Ram Chander and Bhichha for issuance of an injunction restraining them from interfering with her peaceful possession over the suit property. The Sub Judge Ist Class, Hansi, vide judgment dated August 31, 1990 decreed the suit filed by Smt. Chahi as she had been proved to be the owner in possession of the suit property. No appeal against that judgment and decree was filed. Thus, that judgment had also become final.

(3.) I have heard the learned counsel for the parties and have gone through the evidence adduced in the case.