ASHA RAM Vs. SHERA

JUDGEMENT

(1.) The plaintiff is in appeal against the concurrent findings returned by the learned Courts below.

(2.) Mr. Akshay Jindal, Advocate puts in appearance on behalf of the respondent and files Vakalatnama, which is taken on record.

(3.) Learned counsel for the appellant submits that the appellant/plaintiff had filed a suit for declaration with consequential relief of permanent injunction pleading that he is the owner and in possession of the suit land as detailed in Para 1 of the plaint. It was pleaded that the respondent/defendant sought to encroach upon the land of the appellant on the basis of fraudulent sale deed dtd. 24/3/1966; and the consequent Jamabandi for the year 1979-80 and Khasra Girdawari entries. It was contended that the appellant had never executed any such Sale Deed and had in fact, executed a Mortgage Deed dtd. 24/3/1966 for an amount of Rs.3,000.00 in favour of the respondent.