BHAG CHAND Vs. VIRENDER KUMAR AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge, Kullu, H.P. dated 11.10.2002, passed in Civil Appeal No. 04 of 2002.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that appellant -plaintiff (hereinafter referred to as the plaintiff), has filed a suit against the respondents -defendants (hereinafter referred to as the defendants) for declaration with consequential relief of permanent prohibitory injunction and in the alternative suit for possession. The plaintiff has challenged the sale deed dated 8.3.1994 to the extent of 9/62 shares measuring 0 -5 biswas out of the land comprised in khata khatauni No. 645/962, khasra No. 3377, situated in Phati Bashishat, Kothi Jagatsukh, Tehsil Manali, Distt. Kullu, as per jamabandi for the year 1987 -88 (hereinafter referred to as the suit land). According to the plaintiff, sale deed dated 8.3.1994 was got executed from him by defendant No. 2 in favour of defendant No. 1. He had litigation for about 15 years with one Manu, resident of Village Chajoga, Phati Bashishat, Kothi Jagatsukh in respect of land measuring 3 -2 bighas, comprised in Kh. No. 3377 which was granted to him in nautor on 28.3.1977. The plaintiff engaged defendant No. 2 as his counsel. Defendant No. 2 procured his signatures on some blank judicial papers on the pretext that the judicial papers were required for the purpose of moving application in the Court. The plaintiff signed the same. He is an illiterate person. Defendant No. 2 having exercised sway, influence and pressure over the plaintiff by taking undue advantage, fraudulently got a sale deed dated 8.3.1994 executed and registered from him in favour of defendant No. 1, without his knowledge and consent. Neither the sale consideration was paid to him nor the possession of the suit land stood delivered to defendant No. 1. He was simply asked to say "Yes" to the questions put to him by the authorities including the Sub Registrar, Kullu. The defendants got executed mutation No. 2999 in respect of the suit land.

(3.) THE replication was filed by the plaintiff. The learned Sub Judge, Manali, framed the issues. The learned Sub Judge, Manali, dismissed the suit on 14.11.2000. The plaintiff, feeling aggrieved, preferred an appeal before the learned District Judge, Kullu. The learned District Judge, Kullu, dismissed the appeal on 11.10.2002. Hence, this regular second appeal.