JASWANT SINGH, J. - (1.) PLAINTIFF no.2 is in second appeal against the concurrent findings returned by the Courts below, whereby suit filed by him as well as by respondent no.2 for mandatory injunction has been dismissed by the learned Additional Civil Judge(Sr. Divn.), Bathinda vide judgment and decree dated 20.04.2012 and the findings thereof have been affirmed by the learned Additional District Judge, Bathinda vide judgment and decree dated 18.09.2012.
(2.) IN brief, facts of the case are that plaintiffs had sought mandatory injunction against respondent no.1 Sub Registrar Sangat, District Bathinda, to direct him to execute the sale deed in favour of plaintiff no.1 Dilbagh Singh, which as per the allegations, the Sub Registrar refused to execute and thus failed to perform his statutory duty to receive the document and admit to registration or to refuse to do so. Upon notice, the Sub Registrar -defendant appeared and contested the claim of the plaintiffs and stated that the alleged sale deed is a bogus and fake document and through the present suit are trying to create their right, title and interest in the property which does not belong to them and rather belongs to Jangir Singh. It was further stated that the original sale deed has not been appended with the plaint regarding whose registration the suit has been filed. It was further stated that the alleged document was never presented for registration at any point of time and the entire story has been concocted in order to create a title in favour of the plaintiff no.2/appellant under the garb of the present suit.
(3.) FROM the pleadings of the parties issues were framed. Both sides lead their evidence in support of their respective claims and after appreciating their evidence learned trial Court dismissed the suit and findings thereof were affirmed by the learned lower Appellate Court. Hence the present second appeal.;