DALJEET KAUR Vs. HARDEV SINGH

JUDGEMENT

(1.) This is plaintiff's second appeal preferred under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC') against the judgment and decree dated 03/01/2013 passed by the District Judge, Bastar at Jagdalpur (C.G.) in Civil Appeal No. 49-A/2012, by which, the lower Appellate Court while affirming the judgment and decree dated 23/06/2010 passed by the First Civil Judge Class-1, Jagdalpur in Civil Suit No. 2-A/2005, has dismissed the plaintiff's appeal.

(2.) Undisputed facts of the case are that the plaintiff Smt. Daljeet Kaur has instituted a suit for declaration of title and also for cancellation of registered deed of sale dated 15/10/2004 executed by respondent No. 1 Hardev Singh in favour of the respondent No. 2 namely Saji Vargis. It is pleaded that the partition as made by the Tahsildar vide its order dated 13/03/2003 was not proper and therefore, the registered deed of sale executed after such partition, was also not proper. It is pleaded further that after the alleged partition, the plaintiff had filed another application under Section 178 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter referred to as 'Code') before the Tahsildar, who in turn vide its order dated 18/11/2004 has passed the another partition order. It is pleaded further that since the alleged sale deed was executed on 15/10/2004 prior to the said subsequent partition order, therefore, it cannot be held to be validly executed.

(3.) The defendant has contested the aforesaid claim of the plaintiff on the ground that once the partition has already been effected on the basis of the application filed by the plaintiff herself, then the subsequent application for the said purpose was in fact not at all sustainable in the eyes of law. It is pleaded further that only after the partition as passed by the Tahsildar, Jagdalpur on 13/03/2003, the alleged registered deed of sale dated 15/10/2004 was executed, therefore, the same cannot be held to be invalid.