IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 1098 of 2008 Date of Decision : April 03, 2008 Jawahar Lal .....Appellant Versus Wazir Singh .....Respondent CORAM : HON'BLE MR JUSTICE T.P.S. MANN Present : Mr. Ajit Sihag, Advocate for the appellant. T.P.S. MANN, J. Suit for mandatory injunction filed by respondent was decreed by learned Civil Judge (Senior Division), Hisar on 27.10.2006 and the appeal preferred by the appellant against it was dismissed by learned Additional District Judge, Hisar on 11.1.2008. Hence, the present second appeal by the defendant-appellant under Section 100 of the Code of Civil Procedure. The plaintiff-respondent had purchased one Matador bearing registration No. HR-18-5180 from the defendant-appellant on 2.8.2002 and paid a sum of Rs. 1,11,000/- as consideration. He was assured by defendant No.1 that the Registration Certificate of the vehicle would be transferred in his favour or else he would return the amount along with Regular Second Appeal No. 1098 of 2008 -2- interest. The defendant also executed an affidavit on the same date, which was attested by the Notary. However, the Registering Authorities refused to effect the transfer of the registration of the vehicle in favour of the plaintiff on the ground that the Registration Certificate in the name of the defendant was forged. Learned counsel for the appellant contended that the appellant had already executed the documents necessary for transfer of the vehicle in favour of the respondent and he was not aware of the Registration Certificate to be fake one or that a criminal case had already been registered against some officials of the Registering Authorities in this regard. It was the case of the appellant that he had purchased the vehicle from one Satnam, and had also obtained a No Objection Certificate for the transfer of the vehicle. Inspite of the same, vehicle in question was not transferred in favour of the appellant. It appears that the appellant did not get the vehicle transferred in his own name and instead sold it further to the respondent. He also executed an affidavit to the effect that in case the Registration Certificate was not transferred in favour of the respondent, he would return the amount along with interest. When the respondent went to the Registration Authorities for transfer of the vehicle in question in his name, at that time, it was learnt that the Registration Certificate in the name of Satnam was a forged and fabricated document. The Registering Authorities went ahead by getting Regular Second Appeal No. 1098 of 2008 -3- a criminal case registered in this regard. The appellant appeared to be in know of the facts about the Registration Certificate to be a forged document and for that reason he did not himself apply for getting the Registration Certificate transferred in his own name and instead further sold the vehicle to the respondent. Under these circumstances, the appellant was rightly ordered by the learned lower Courts to either get the Registration Certificate transferred in the name of respondent or to refund the sale consideration along with interest to the respondent. No case is made out for any interference in the concurrent findings of facts arrived at by the learned lower Courts. No such substantial questions of law, as claimed by the appellant, arise for determination. There is no merit in the appeal and the same is, accordingly, dismissed. ( T.P.S. MANN ) APRIL 03, 2008 JUDGE satish Whether to be referred to the Reporters : YES / NO