JASBIR SINGH Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) The appellant -defendant is in Regular Second Appeal against concurrent finding of fact whereby the suit for permanent injunction seeking restrain against them and in subsequently amended suit for possession on the ground that respondent -plaintiff had been allegedly dis -possessed during the pendency of the suit on 13.12.2007 has been decreed by the trial court and appeal filed against the same has also been dismissed. Mr. Sunil Chadha, learned Senior Advocate assisted by Mr. Chetan Bansal, Advocate for the appellant has raised the following submissions to contend that the appeal involves substantial questions of law.

(2.) Mr. Sandeep Khunger, learned counsel appearing on behalf of the respondent -plaintiff -caveator submits that the parties to the lis were alive to the situation and the issue No. 2 with regard to the title of the respondent -plaintiff was framed and in this regard, the respondent -plaintiff had examined the witnesses of the sale deed and even the relief of declaration has not been sought but parties were alive to the situation. In view of the judgment rendered in P. Purshottam Reddy v/s. M/s. Pratap Steels Ltd., : 2002 (2) R.C.R. (civil) 70 the court can grant the relief of possession.

(3.) He further submits that the respondent -plaintiff had not filed any counter claim or independent suit challenging the sale deed. In the absence of challenge to registered document, it carries a presumption of truth. The court in any change of events or sub -sequent of events during the pendency of the suit can always mould the relief which the plaintiff is entitled to.