RADHEY SHAM Vs. ANGOORI DEVI

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree passed by the lower appellate Court confirming that of the trial Court whereby the suit for possession filed by Angoori Devi-respondent was decreed and she was held owner of the suit property on the basis of a sale deed executed by Balbir Singh in her favour.

(2.) Facts giving rise to this appeal are as under :-

(3.) The case as set up by Radhey Shyam defendant who is now the appellant is that the sale deed executed by Jagminder Singh in favour of Balbir Singh and also the subsequent sale deed executed by Balbir Singh in favour of Angoori Devi were sham transactions and that the two sale deeds were false and fictitious and he claimed to be in possession of the property in dispute. At a late stage of the trial of the suit, he filed an application for the amendment of his written statement and took an additional plea that he was the owner of the suit property on the basis of a Will allegedly executed by Ram Sarup in his favour.