Secondary Evidence--In absence of original documents the photocopies could not be relied upon.

Mrs. Daya Chaudhary, J.: - The present regular second appeal has been filed by appellantplaintiff-Rajbir Singh to challenge impugned judgments and decrees passed by both the Courts below.

2. Briefly, the facts of the case as made out in the present appeal are that the appellant-plaintiff filed a civil suit for permanent injunction restraining the respondent-defendant from dispossessing him unlawfully and forcibly from the suit property. The claim of the appellant-plaintiff was based on the agreement to sell dated 24.5.1997 alleged to have been executed by the respondent-defendant in his favour. The suit was contested by the respondent-defendant by way of filing written statement-cum-counter claim. The suit of the appellant-plaintiff was dismissed and the counter claim of respondent-defendant was decreed to the effect that the plaintiff is restrained from interfering in peaceful possession of the defendant over the suit property and from dispossessing him illegally. The judgment and decree dated 23.8.2013 passed by the trial Court was challenged by the appellant- plaintiff by way of filing an appeal before the learned Additional District Judge, Faridabad, which was also dismissed on 9.10.2014.

3. After losing the battle before the two Courts below, the appellant-plaintiff has filed the present regular second appeal before this Court to challenge the judgments and decrees passed by both the Courts below.

4. Learned counsel for the appellant submits that the judgments and decrees passed by both the Courts below are not based on proper appreciation of evidence led by appellant-plaintiff. Learned counsel further submits that the respondent-defendant was claiming his possession over the suit property but he failed to prove the same by way of any documentary evidence, whereas, the appellant has proved on record that he was owner in possession of the suit property by placing on record copy of the certificate issued by the Sarpanch of the Gram Panchayat Atali as Ex PW2/A and Ex. P2 and also electricity bills as Ex. P3. Learned counsel also submits that both the Courts below have failed to take into consideration the stand of respondent that agreement to sell and receipt are forged and fabricated documents but no such complaint was ever made against the appellant. Respondent-defendant had admitted in his cross-examination that he was residing in Delhi for the last 25 years but in the cross-examination he had admitted that he was not having any document to show as to from whom he had purchased the material for construction of the house in dispute. The electricity connection of the house in dispute in the name of the appellant shows possession of the appellant and the same has not been taken into consideration. At the end, learned counsel submits that the appellantplaintiff has produced on record the statements of witnesses to prove that the agreement to sell was executed by respondent-defendant in his favour for a total consideration of Rs.10,000/- which was paid against receipt but the same has not been taken into consideration.

5. Heard the arguments advanced by learned counsel for the appellant and have also gone through the impugned judgments and decrees passed by both the Courts below as well as other documents available on the file.

6. The facts relating to filing of suit by the appellant-plaintiff, dismissal thereof, filing of an appeal against the judgment and decree passed by the trial Court and thereafter its dismissal are not disputed.

The following issues were framed by the trial Court:-

1. Whether the plaintiff is owners in possession of the suit property? OPP

2. Whether the plaintiff is entitled to the relief of injuction? OPP

3. Whether the suit is not maintainable? OPD

4. Whether the suit is liable to be dismissed with costs? OPD 5. Reilef.

7. The finding recorded by the trial Court are reproduced as under:-

“13. The claim of the plaintiff is based on an agreement to sell dated 24.05.1998 allegedly executed by defe