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of <h1>Land dispute appeal success: trial court's injunction reinstated. Proof of loan crucial.</h1> The plaintiff appealed against the District Judge's decision that reversed the trial Court's decree for permanent injunction in a land dispute. The ... - 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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