RANJIT SINGH Vs. RAM SARUP AND ORS.

JUDGEMENT

(1.) Defendant No. 1 is in second appeal against the judgment and decree dated 05.02.2014 passed by Additional District Judge, SAS Nagar, Mohali whereby judgment and decree dated 15.06.2011 passed by Additional Civil Judge (Sr. Divn.) Kharar was set aside thereby allowing the appeal of the plaintiff and decreeing the suit with costs throughout.

(2.) Plaintiff -Ram Sarup filed a suit for declaration to the effect that registered sale deed dated 01.06.2000 is illegal, null and void, fraudulent and is not binding upon his rights. Plaintiff also sought relief of permanent injunction restraining the defendants from alienating the suit land in any manner.

(3.) Plaintiff pleaded that he was the proprietor of the village and was also co -sharer in the shamlat land. Defendants conspired together to acquire the land in question by deceitful means and they entered into some secret alliance. The impugned sale deed was claimed to be result of fraud and fabrication as the plaintiff did not receive any consideration of Rs. 4,80,000/ - as mentioned in the sale deed. Defendants never came to the spot and plaintiff was in possession of the suit land. Plaintiff never appeared before the Sub -Registrar, nor presented the sale deed before the Sub -Registrar for attestation. None of the witness from the village attested the sale deed. The Lambardar who allegedly attested the transaction was habitual signatory of documents. Defendant No. 2 was also shows as witness to the sale deed who was a property dealer and he connived with the Sub -Registrar in committing fraud with the plaintiff. With this background the suit came to be filed.