BIR SINGH Vs. BHUPESH KUMAR

JUDGEMENT

(1.) THE epitome of the facts, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record is that, initially Bhupesh Kumar son of Sulhar Singh, respondent -plaintiff(for brevity "the plaintiff") has instituted the civil suit on 04.01.2007 for a decree of declaration to the effect that the impugned, power of attorney, agreement to sell dated 13.05.2005, affidavit, letter of possession and receipt etc., are illegal, void, ab initio, nonest, contrary to law and not binding on his rights, in any manner, with a consequential relief of permanent injunction, restraining petitioner -defendant Bir Singh son of Pyare Lal (for short "the defendant") from alienating the property in dispute, on the basis of impugned false and frivolous documents.

(2.) THE defendant contested the suit, filed the written statement, stoutly denied the allegations contained in the plaint. He claimed himself to be absolute owner of the suit property and prayed for dismissal of the suit. He did not file any counter -claim in the main suit for more than five years. Thereafter, the defendant filed another suit for specific performance of the agreement to sell dated 13.05.2005 on 04.04.2012.

(3.) AS soon as, having completed the evidence of the plaintiff, the case was slated for evidence of the defendant and he has already availed number of opportunities, in the meantime, he(defendant) moved an application for staying the proceedings in the civil suit filed by the plaintiff. The plaintiff refuted the prayer of the defendant and prayed for dismissal of the application to stay the proceedings in the suit.