NAZAR SINGH Vs. RAJINDER KAUR

JUDGEMENT

(1.) After remaining unsuccessful in both the Courts below in his suit for declaration and permanent injunction, the plaintiff has filed the present second appeal under Section 100 of the Code of Civil Procedure.

(2.) In the plaint, it was averred by the appellant that he was owner of 120/276 shares in the suit property. He was duped by the defendant, who was none else but the wife of his brother Avtar Singh @ Mithu Singh, on the pretext that she would get him a loan by mortgaging his property, which amount she would use to bear the expenses of his marriage. The plaintiff thumb marked various papers which were not even read over to him. He was also made to present himself before the Tehsildar. Later on, he learnt that the defendant had usurped his property by getting sale deed No.1599 dated 20.8.2001 executed. Claiming that the sale deed was not binding upon him being result of fraud and the defendant was trying to dispossess him, besides further selling the property, the plaintiff filed the suit for declaration and permanent injunction.

(3.) The suit was resisted by the defendant by filing the written statement. She denied the allegation of playing any fraud upon the plaintiff.