PARAG NARAN Vs. CHODRA CHHATIA JAKHLO

JUDGEMENT

(1.) This was a suit brought by the appellant to recover possession on the strength of a sale- deed alleged to have been executed by the respondent in his favour. In his written statement the respondent denied the execution of the deed. In the Court of first instance there were only two issues raised. The first of them was:-Are the sale-deed and leases of the plaintiff as set up in the plaint proved? The second was :- What relief should be awarded to the plaintiff in respect of the possession and the profits (rent as well as mesne profits), sought?

(2.) It will be observed from these issues that the question on which the parties went to trial was-whether the sale-deed on which the plaintiff sued to recover possession, and the rent- notes alleged to have been executed by the respondent in consequence of the sale-deed were genuine documents or not? In other words : Whether they had been executed by the respondent ? Evidence having been led upon that issue, the Subordinate Judge found the deed and the notes to be genuine. The respondent appealed. The learned District Judge in the appeal Court raised several issues.

(3.) The first issue raised by him was: Has the lower Court erred in holding that the defendant executed the sale-deed in respect of the six Survey Numbers in dispute, that it was for consideration and was binding on the defendant ?