- (1.) This is plaintiff's second appeal challenging the judgment of the first Appellate Court, whereby while accepting the appeal against the judgment and decree dated 27.10.2009 of the Civil Judge (Junior Division), Karnal, suit of the plaintiff-appellant for permanent injunction has been ordered to be dismissed.
(2.) In the suit, appellant pleaded that he had purchased the house in question measuring 56.77 Sq.Yards, fully detailed in para No.4 of the plaint, vide sale deed dated 21.04.2005 (Ex.P1) and is owner in possession of the said house having property No.874/691 situated in New Char Chaman, Karnal, with a further submission that since 21.4.2005 i.e. the purchase of the house, he had been residing in the said house which was purchased from One Raj Rani and her two sons who had purchased the said house from Madan Lal vide registered Sale Deed dated 08.08.1995 (Ex. P2) and the said Madan Lal had purchased it from original owner Sunheri Devi vide sale deed dated 12.5.1990 (Ex. P3). Total area of the said house is 150 Sq. Yard out of which 56.77 Sq.Yards was sold in favour of said Madan Lal.
(3.) It is the further case of the appellant that respondent issued a notice to the appellant mentioning that a loan of Rs. 7,50,000/- was taken by M/s Vishva Manav Printers, Karnal and a hypothecation deed dated 09.12.1994 was executed in their favour. Sunheri Devi stood surety for the said firm and she had mortgaged her entire house measuring 150 Sq. Yards in favour of the respondent on 13.12.1994. It is the further case of the appellant that at present there is no municipal house number but the respondent has mentioned the number of the house in question as 874/691 in auction notice.;