MOHAN SINGH Vs. PREHLAD SINGH AND ORS.

JUDGEMENT

(1.) This order shall dispose of two appeals bearing RSA No. 3230 of 1997 arising out of suit for permanent injunction filed by the respondents and RSA No. 3255 of 1997 arising out of suit for declaration filed by the appellants wherein the challenge was to the sale deed dated 07.02.1989 on the ground that the same is void, illegal, without consideration and legal necessity. For the facility of reference the facts are being taken from RSA No. 3230 of 1997 wherein the defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit for injunction in respect of land measuring 12 kanal 5 marla was decreed.

(2.) The plaintiff claims to have purchased the land measuring 12 kanal 5 marla from one Garib Dass vide sale deed dated 07.02.1989 (Ex. P1). On the basis of purchase, the plaintiff claims to be in possession of the said land whereas the defendants are other cosharers who are threatening to interfere in the possession and therefore, the plaintiff claimed a decree of permanent injunction.

(3.) The stand of the defendant before the learned trial Court was that the plaintiff is neither owner nor in possession of the suit land and that plaintiff had earlier filed a suit for injunction which was withdrawn. Therefore, the second suit is not maintainable. It was also alleged that the sale deed dated 07.02.1989 is illegal, void, without jurisdiction and without consideration and that plaintiff has never purchased the land in dispute.