JASWINDER KAUR Vs. JATINDER SINGH

JUDGEMENT

(1.) Plaintiff is in Regular Second Appeal against the judgments and decrees passed by the Courts below in a suit for declaration and permanent injunction.

(2.) Brief facts are that the plaintiff/appellant filed a suit for declaration and permanent injunction wherein she challenged the registered sale deed dtd. 9/10/2002 executed by her in favour of her son Jatinder Singh in respect of House No.5-B, Dashmesh Nagar, Tripuri Saidan, Patiala. The said sale deed was challenged on the basis of fraud and misrepresentation and the same was claimed to be fraudulent and without consideration. Permanent injunction was also sought seeking to restrain the defendant from interfering in the possession of the plaintiff over the suit property.

(3.) It was alleged that the plaintiffs had two sons and two daughters. Her husband Baljinder Singh had died. Defendant is elder son of the plaintiff. Younger son of the plaintiff was living separately. Daughter of the plaintiff is a divorcee and she was living with the plaintiff along with her daughter. The suit property was purchased by husband of the plaintiff after taking loan and thereafter the plaintiff and her husband got the house/suit property constructed in the year 1987. Husband of the plaintiff died on 13/5/2007. Plaintiff and her younger son performed his last rites. Plaintiff claimed herself to be in possession of the suit property. She came to know about the registered sale deed and thereafter obtained certified copy of the same on 20/5/2009. Plaintiff asserted that she never sold the house in question to the defendant, nor had received any such consideration. Possession of the house was never delivered to the defendant. Defendant had played fraud upon the plaintiff and managed to get the signature of the plaintiff on the sale deed. The sale deed was never implemented in the revenue record. The sale deed was shown in respect of a plot, whereas house was constructed in the year 1987. The sale deed was claimed to be fake transaction altogether.