SHAKUNTLA Vs. DALIP SINGH AND OTHERS

JUDGEMENT

(1.) PLAINTIFF no. 1 Shakuntla has filed this revision petition under Article 227 of the Constitution of India impugning order dated 8.10.2011 Annexure P/1 passed by learned trial court thereby dismissing application filed by plaintiffs for additional evidence. Suit was filed by petitioner and Munesh Devi plaintiff no. 2 since deceased and represented by proforma respondents no. 4 to 6 against respondents no. 1 to 3 as defendants.

(2.) CASE of the plaintiff is that Rajinder Singh agreed to sell the suit property to Dalip Singh defendant no. 1 vide registered agreement dated 17.7.1996 and delivered possession thereof to defendant no. 1 who further agreed to sell the suit property to plaintiffs vide registered agreement dated 5.5.2004 and possession of the suit property was delivered to the plaintiffs. However, Hari Singh defendant no. 3 has executed sale deed dated 9.6.2004 of the suit property in favour of defendant no. 2. Plaintiffs sought permanent injunction restraining the defendants from interfering in their possession over the suit property.

(3.) THE application was resisted by defendant no. 2 who pleaded that agreement dated 17.7.1996 is fabricated and defendant no. 3 has sold suit property to defendant no. 2 vide registered sale deed dated 9.6.2004. It was also pleaded that the application has been filed at the stage of rebuttal evidence and final arguments.