9911796707
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Issues involved:
The plaintiff's appeal against the District Judge's decision reversing the trial Court's decree for permanent injunction on a land dispute. Details of the judgment: Issue 1: Entitlement to injunction - The plaintiff, widow of Avtar Singh, filed for permanent injunction against interference in land ownership. - Defendants denied Avtar Singh's loan from the Bank and claimed the plaintiff's liability. - Plaintiff presented evidence, trial Court decreed in her favor, but the District Judge reversed the decision. - Appellant raised questions on the District Judge's findings being contrary to pleadings. - Appellant's counsel argued that evidence beyond pleadings cannot be considered for judgment. - District Judge's decision found to be against the appellant due to lack of proof of loan availed by Avtar Singh. Issue 2: Admissibility of documents - Appellant questioned the liability based on photostat copies without proper execution proof. - Trial Court noted the absence of original mortgage deed and attesting witnesses. - Appellant cited legal precedents on the admissibility of documents and proof of execution. - Appellant's counsel emphasized the need for primary evidence as per the Indian Evidence Act. - District Judge's decision was set aside as it did not adhere to the legal requirements for document admissibility. - Appellant's appeal allowed, and trial Court's judgment and decree restored with costs.
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