Decided on December 18,2007

Mehtab Singh Balyan Appellant
NIRMALA Respondents


PRADEEP NANDRAJOG,J. - (1.) PETITIONER as well as first respondent are in dispute qua ownership and possession of a piece of land. Common case of both the parties is that Hari Kishan owned the land in question at some point of time.
(2.) WHEREAS Nirmla, R-1, claims right, title and interest in the land through a registered general power of attorney, agreement to sell and a will dated 5.5.2004 executed in her favour by one M.K.Tyagi who in turn claims right under Hari Kishan through similarly executed documents, petitioner claims a direct interest under Hari Kishan and relies upon certain documents stated to be executed by Hari Kishan on 7.8.1997 being a general power of attorney, agreement to sell, receipt etc. But, the documents relied upon by the petitioner are not registered documents. On the issue of interim injunction ,learned Trial Judge held that the documents relied upon by both parties entitled none to an injunction against each other. The appeal filed by respondent No.1 resulted in an interim injunction being passed in her favour. Reason given by the learned Appellate Judge is that documents relied upon by Nirmla are better documents for the reason they are registered documents. Qua the documents of the petitioner it has been held that being unregistered documents they would have lesser probated evidentiary value.
(3.) THE land in question is a vacant land.;

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