PARVATI DEVI Vs. KIRPA RAM SAINI

JUDGEMENT

(1.) THE judgement and decree, dated 19.10.2006, in Civil Appeal No. 41-S/13 of 2006/04 affirming judgement, decree dated 29.7.2004 passed by learned Civil Judge Junior Division, Court No. 4, Shimla, in Civil Suit No. 386/1 of 1999/96, has been assailed by the appellant, who is plaintiff in the trial court.

(2.) THE facts, in brief, are that appellant has filed a suit for declaration that sale deed, dated 1.4.1982, in respect of land and house comprised in khasra Nos. 476, 482, 1263, 515, 516, 1252, 531m 562, measuring 6 bighas 5 biswas, village Badhai, Pargana Jajhot, Tehsil and District Shimla is illegal, null and void and is a result of fraud and misrepresentation and as such the same be declared inoperative, in effective against the appellant. THE relief of permanent prohibitory injunction against the respondent from interfering in the possession of appellant on the suit land was also prayed.

(3.) REPLICATION was filed and on the pleadings of the parties, the following issues were framed:-