NARINDER SINGH Vs. ANGREG SINGH AND ANOTHER

JUDGEMENT

(1.) Appellant Narinder Singh (defendant before the trial Court) has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 29.11.2012, passed by the learned Additional District Judge-1, Kangra at Dharamshala, Himachal Pradesh, in Civil Appeal No.63/N/XIII/11/09, titled as Narinder Singh v. Angreg Singh and another, whereby judgment and decree dated 24.6.2009, passed by Civil Judge (Junior Division), Court No.2, Nurpur, District Kangra, Himachal Pradesh, in Civil Suit No.56/2000, titled as Angraz Singh v. Narinder Singh and another, stands affirmed.

(2.) Based on the pleadings of the parties, trial Court framed the following issues:

(3.) Trial Court decreed the suit of plaintiff Angreg Singh (respondent No.1 herein), hereinafter referred to as the plaintiff, in the following terms: "Cumulative effect of my discussion and findings on the issues above is that suit of the plaintiff succeeds and is hereby decreed and plaintiff is declared owner of suit land comprised in Khata No.55, Khatauni No.81, Khasra No.410 area measuring 0-20-08 HM situated in Mohal Bharnoli, Mouza Bhadwar, Tehsil Nurpur, District Kangra-HP on the basis of sale deed No.336, dated 23-03-1998 Ex.PW2/A being executed by defendant No.2 and sale deed, document No.143, dated 04-02- 2000 Ex.DA in favour of defendant No.1 is declared wrong, null and void and mutation attested on basis of same is also declared wrong, null and void and consequently plaintiff is held entitled for possession of the suit land. However, reliefs granted above shall be subject to plaintiff's furnishing court fee on the sale consideration of subsequent sale deed to the tune of Rs.960/- within one week from today, failing which, suit shall be deemed to have been dismissed. In the facts and circumstances, the parties are left to bear their own costs. Decree-sheet be prepared accordingly. File after due completion be consigned to record room."