KHUSHI MOHAMMAD Vs. MEGH SINGH AND OTHERS

JUDGEMENT

(1.) Petitioner has assailed the order dated 26.07.2016 passed by the Civil Judge (Jr. Divn.) Malerkotla whereby an application under Section 65 of the Evidence Act for leading secondary evidence was allowed.

(2.) Brief facts of the case are that plaintiff/respondent No.1 filed a suit of declaration to the effect that he is owner in possession of 1 Bigha 14 Biswas of land as per jamabandi for the year 2003-04. The sale deed allegedly executed by the plaintiff in favour of mother of the defendants i.e. sale deed dated 17.07.1989 in respect of suit land was claimed to be illegal, null and void. Permanent injunction was also sought restraining the defendants from alienating the suit property in any manner.

(3.) Plaintiff pleaded that in the year 1989, mother of the defendants in connivance of Mohd. Ismail, Numberdar of the village and Hameed Khan got executed the sale deed in her favour by way of impersonation. Plaintiff never appeared in the office of Sub-Registrar, Malerkotla, nor executed the sale deed dated 17.07.1989.