Vinod K. Sharma, J. (Oral):- This regular second appeal is directed against the judgment and decree dated 10.12.2009, passed by the learned Courts below, vide which suit for mandatory injunction filed by the plaintiff / appellant has been ordered to be dismissed.

2. The plaintiff / appellant filed a suit for mandatory injunction directing the defendant / respondent to clear all the encumbrances upon the vehicle bearing registration No. PB-23-2212, and further to hand over the original RC and affidavit to the plaintiff. The injunction was also sought restraining the defendant from interfering into the peaceful use of the truck by the plaintiff / appellant.

3. The suit was contested, wherein the defendant denied having sold the truck to the plaintiff / appellant. The defendant also denied having executed any receipt as alleged in the plaint. The receipt was said to be forged and fabricated document.

4. The learned Courts below on appreciation of evidence, have recorded a concurrent finding of fact that the plaintiff was not entitled to mandatory or permanent injunction. The reason for coming to this conclusion was that the plaintiff did not produce the receipt, alleged to ha