MRS. MURTI DEVI Vs. SHER SINGH

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Smt.Murti Devi wife of Sh.Roshan Lal, aged about 66 years, resident of Purani Anaj Mandi, Assandh, Tehsil Assandh, District Karnal had brought a suit for declaration and permanent injunction against defendant Sher Singh son of Sh.Gurmeet Singh, resident of village Mardan Khera, Jind Road, Assandh, District Karnal, inter alia contending that she is owner in possession of land measuring 4 kanals - 12 marlas situated at Assandh; that in the year 2015, the defendant offered the plaintiff to get a gas connection issued in the name of her son after completing necessary formalities by executing certain documents and on that pretext, the defendant took the plaintiff to Tehsil Office, Assandh and got executed certain documents and fraudulently got transferred the suit property in his name vide sale deed bearing No.3378/1 dtd. 21/1/2015 registered in the office of Sub Registrar, Assandh; that mutation No.22062 was also entered and sanctioned in the name of defendant; that on the basis of said sale deed and mutation, the defendant threatened to dispossess the plaintiff from the suit property illegally and forcibly, not listening to the repeated requests of the plaintiff. Feeling aggrieved, the plaintiff knocked at the door of this Court by filing the suit in question. Along with the suit, she had filed an application for grant of ad-interim injunction.

(2.) On getting notice, the defendant appeared and filed written statement contesting the suit submitting that he is in actual physical possession of the suit land, so the question of taking forcible possession of the same from the plaintiff does not arise; that Babu Ram has been looking after the land on behalf of defendant since 2015 and executing an agreement every year. The defendant came up with a version that plaintiff has executed a legal and valid sale deed in his favour delivering possession of the suit land to him. He denied the entire story as set up by the plaintiff to the effect that defendant had obtained the signature of plaintiff on the sale deed by making misrepresentation under the pretext of getting issued a gas connection in favour of son of the plaintiff. According to him, the sale deed is a legal and valid document executed by the plaintiff in favour of the defendant for consideration. He craved for dismissal of the suit. The defendant contested the application for grant of ad interim injunction praying for its dismissal.

(3.) After hearing arguments, the learned trial Court vide a detailed order dtd. 30/11/2018 dismissed the application for ad interim injunction.