SANGEETA Vs. KALPANA SOOD

JUDGEMENT

(1.) Petitioner (hereinafter referred to as the defendant), by way of instant petition, has assailed order dtd. 25/11/2020, passed by learned Additional District Judge-III, Kangra at Dharamshala, District Kangra, Himachal Pradesh, in Civil Miscellaneous Appeal No. 3-D/XIV2020, whereby order dtd. 23/11/2019 passed by learned Senior Civil Judge, Palampur, Distt. Kangra in CMA No. 598 of 2019 has been set aside and an order directing the parties to maintain status quo qua the nature and possession of the suit property has been passed.

(2.) Brief facts, relevant for the purpose of adjudication of this petition are that on 19/11/2019 respondent (hereinafter referred to as the 'plaintiff') instituted Civil Suit No. 325 of 2019 before the learned Senior Civil Judge, Palampur against the defendant and her husband (now deceased) seeking following relief-

(3.) In the plaint, it is averred that father of the plaintiff (Ishwar Dass) and father-in-law of the defendant (Prem Chand) were brothers. Ishwar Dass had purchased suit property in 1965-66 in an auction and since then had enjoyed its possession. Ishwar Dass was dependent on Prem Chand for management of his local affairs, therefore, Prem Chand had represented him in the auction. The entire consideration amount was paid by Ishwar Dass. The sale deed, however, was wrongly and fraudulently got executed by Prem Chand in his name. Prem Chand transferred the suit property in the name of his son (late husband of defendant), who further sold the suit property to defendant for sale consideration of Rs.14,00,000.00. Interference in possession of plaintiff over suit property by defendant was pleaded as the cause of action for filing the suit. Application for interim injunction also accompanied the plaint. Defendant is contesting the suit of the plaintiff by asserting ownership and possession of the suit property earlier with Prem Chand and thereafter with her husband (now deceased) and herself.