- (1.) Plaintiff had filed a suit for declaration and permanent injunction.
(2.) The case of the plaintiff in brief was that he was the owner in possession of land measuring 24 Kanals 12 Marlas purchased by him vide sale deed dated 02.02.1993. The mutation No. 4314 was null and void and had no effect on the rights of the plaintiff. The plaintiff further sought the relief of permanent injunction that the defendant be restrained from dispossessing the plaintiff from the suit land. Hence, the suit was filed by the plaintiff.
(3.) Defendant, in his written statement, had averred that 27 Kanals 12 Marlas of joint property of the parties was sold and as per oral family settlement, the suit property was to be purchased in equal shares by the plaintiff's father and the defendant. However, the father of plaintiff fraudulently purchased the suit property in favour of the plaintiff by taking undue advantage of the faith of defendant in his elder brother. On the pleadings of the parties, following issues were framed by the trial Court:- "1. Whether the plaintiff is entitled to the declaration as prayed for OPP 2. Whether the plaintiff is entitled for permanent injunction as prayed for OPP 3. Whether the suit is bad for non-joinder of necessary parties OPD 4. Whether the suit is based on the false facts and the defendant is entitled for special cost of Rs. 10,000/- OPD 5. Relief.";