CHHITTAR SINGH Vs. SIRI DEV

JUDGEMENT

(1.) This is a plaintiff Second Appeal and arises out of the following facts:-

(2.) The plaintiff-appellants filed a suit for permanent injunction claiming that they were owners and in possession of the suit property since 1954-55 and that the defendant-respondents were interfering in their peaceful possession. Respondent No. 2 Kiran Dev Sharma contested the suit and pleaded that the appellants were neither the owners nor in possession of the suit land and that they had sold the same to the respondents vide a registered sale deed dated 10.4.1973 for a consideration of Rs. 20,000/- and as a consequence thereof they had continued to be in possession of the suit property as they were already tenants thereon. The appellants, filed a replication and the pleas raised by the respondent were controverted and it was pleaded that Kiran Dev Sharma who had been his counsel in some cases might have obtained his thumb impression on the sale deed by fraud and misrepresentation.

(3.) On the pleadings of the parties, the following issues were framed by the trial Court: