JAI GANESH BRICKS INDUSTRIES Vs. SHANTI DEVI

JUDGEMENT

(1.) PRESENT regular second appeal against judgment and decree dated 19.04.2001 passed by District Judge, Hoshiarpur whereby judgment and decree dated 16.03.2000 passed by Court of Civil Judge (Junior Division), Hoshiapur was set aside and appeal was accepted.

(2.) FOR the sake of convenience the parties are being referred to as per their status before the Court of first instance.

(3.) DETAILED facts of the case have already been recapitulated in the judgments of both the Courts below. However, relevant facts for the purpose of decision of appeal that plaintiff filed suit for permanent injunction for restraining the defendants from interfering in the possession of the plaintiff on the suit land measuring 5 kanals as detailed in head note of the plaint. Plaintiff had been making payment of the rent regularly but defendant threatened to dispossess them forcibly from the suit land. Defendant contested the suit taking the plea that writing was got executed from defendant No.2 yet son of defendant No.1 vide which 10 kanals of land was given to the plaintiff for use and it was agreed that Rs. 1,000/ - to be paid to the plaintiff per annum for the said purpose. The agreement was to remain in force upto the year 1996. After that plaintiff used to get the receipts after making payment of Rs. 1,000/ - from defendant No.2 whenever he used to come to Hoshiarpur. Defendant No.2 never agreed to give suit land to the plaintiff nor he was competent to do so. Defendant No.1 is an illiterate lady and widow and had put her thumb impression on blank paper and plaintiff in collusion with the witnesses forged the document. Plaintiff was never in possession of the suit land nor Rs. 2,000/ - was received by defendant No.1 as mentioned. Defendant No.1 has never handed over the possession of suit land and prayed that suit be dismissed. On these facts, Court of first instance settled the following issues: