JASWANT SINGH Vs. NARANJAN SINGH

JUDGEMENT

(1.) The present appeal directs challenge against judgments and decrees passed by the Courts whereby suit for declaration and permanent injunction filed by the appellant-plaintiff in respect of suit property, detailed in head note of the plaint, has been dismissed.

(2.) The appellant-plaintiff has challenged sale deed No. 2947 dtd. 5/3/1999 purported to be executed by him regarding half share in favour of the respondent-defendant. It is averred that appellant purchased the suit land vide registered sale deed No. 1085 dtd. 3/7/1996. The respondent-defendant is his brother in law and upon his request the defendant was shown as purchaser to the extent of half share but appellant had paid the entire sale consideration. When the appellant asked the respondent to give him sale consideration regarding his share, respondent relinquished his share in favour of appellant and assured that he will execute sale deed of half share in his (appellant's) favour. The appellant raised construction in the suit land and started living there. The respondent-

(3.) defendant got prepared false sale deed No. 2947 dtd. 5/3/1999 but the same is the result of misrepresentation. The sale deed is of a very meager value. Mutation No. 14640 was sanctioned in favour of the respondent on the basis of sale deed dtd. 5/3/1999. He has prayed that the sale deed dtd. 5/3/1999 and mutation No. 14640 are liable to be set aside.