UDEY SINGH Vs. BAKSHISH SINGH AND OTHERS

JUDGEMENT

(1.) THIS is Plaintiff's second appeal whose suit for possession of the land measuring 4 Biswas was decreed by the trial Court, but has been dismissed in appeal.

(2.) THE Plaintiff filed the suit for possession of 4 Biswas of land alleging that previously this property belonged to the Government and on 16 -12 -1968, he purchased the same for a sum or Rs. 225/ - in public auction and the sale certificate was issued in his name on 6 -8 -1969. On the basis of the sale certificate, mutation regarding the property was also sanctioned in his favour. Since the Defendants had taken forcible possession of land some time prior to the filing of the suit, hence the present suit. In the written statement, the Defendants pleaded that on 20.2.1969 the Plaintiff had entered into an agreement to sell this property to Bakhshish Singh, Ajit Singh and Hardeep Singh s/o Khazan Singh, Defendants for a sum of Rs 225/ -. This amount was paid to him and he agreed to execute the sale deed on receipt of sale certificate. The Plaintiff failed to execute the sale deed and has filed the present suit with an ulterior motive.

(3.) IN appeal, the learned Addl District Judge reversed the said finding of the trial Court. The main controversy between the parties was as to whether the document Ex. D. 1 was admissible in evidence or not. According to the lower Appellate Court when the said document was duly exhibited, then the objection as to its admissibility could not be taken later on. For that purpose reliance was placed on Javer Chand and Ors. v. Pukhraj Surana : A. I. R. 1961 S. C. 1655. Moreover, the lower Appellate Court further found that the Plaintiff admitted the execution of the said agreement Ex D 1 In view of that finding, Plaintiff's suit was dismissed Dissatisfied with the same, the Plaintiff hat filed the second appeal in this Court.