RAJULAL Vs. HEMANT KUMAR

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dtd. 16/5/2019 passed by the District Judge, Bemetara in Civil Suit No. 01-A/2015, CIS No. 6200001/2015 (Rajulal Vs. Hemant Kumar and ors.) whereby the suit filed by the appellant/plaintiff for declaration of title, nullity of sale deed dtd. 21/9/2011 executed in favour of respondents/ defendants No. 1 to 4, possession and permanent injunction was dismissed.

(2.) Brief facts of the case are that plaintiff filed a civil suit stating therein that he has purchased a land bearing Khasra No. 744 and a piece of Khasra No. 745/1 admeasuring 0.01 and 0.11 ' hectare respectively, situated at village Berla, Patwari Halka No. 14/15, Revenue Circle, Berla, Tahsil Berla, Distt. Bemetara from Akash, Puja, Suryaprakash, Dipak Prakash, Satya Prakash, Durgabai, Durgesh, Sumitra Bai, by registered sale deed 24/12/2007 for sale consideration of Rs.10,00,000.00, market value Rs.22,48,900.00. The land bearing Khasra No. 745/8 area 0.04 hectare was also purchased by him in the name of his wife for sale consideration of Rs.7,20,000.00. After mutation, Khasra No. 745/1 area 0.11 ' hectare has been amended as Khasra No. 745/11, but area has remained intact (Henceforth this piece of land shall be referred to as the 'suit land'). It is further stated that some doubt arose to him that possession of the area of suit land i.e. 0.11 ' hectare has not been handed over to him by the sellers. Hence, he applied for demarcation of suit land, demarcation was conducted, report of which was submitted on 12/2/2009 before the Tehsildar, wherein it was reported that area of suit land possessed by the plaintiff is only 0.08 hectare, thus there is shortage of 0.03 ' hectare of Khasra No. 745/1 on the spot, of which sellers have not handed over possession to him. It has been further averred by the plaintiff that defendant No. 5 to 11 and 13 have sold remaining land of Khasra No. 745/1 area 0.05 hectare by registered sale deed dtd. 21/9/2011 in favour of defendant No. 1 to 4 which also contains 0.03 ' hectare of suit land purchased by the plaintiff, hence sale deed dtd. 21/9/2011 executed in favour of defendant No. 1 to 4 is neither binding on the plaintiff nor any right is accrued in their favour on aforesaid 0.03 ' hectare, on the basis of that sale deed and the same is null and void. Hence, he filed instant suit against the defendants for declaration of title, possession and permanent injunction in respect of suit land and further prayed that sale deed dtd. 21/9/2011 executed by defendant No. 5 to 11 and 13 in favour of defendant No. 1 to 4 be declared null and void.

(3.) The defendant No. 1 to 4 in their reply have pleaded that they have purchased land adjoining to the land of plaintiff which is Khasra No. 745/1 area 0.05 hectare vide registered sale deed dtd. 21/9/2011 for sale consideration of Rs.15.00 lakhs, thus they are bona fide purchasers. It is further averred that plaintiff has constructed house and Pacca boundary wall over the land which he purchased from defendant No. 5 and others and he has also occupied some adjacent land by fencing it by barbed wire. Thus, defendants have not occupied any of the land purchased by the plaintiff.