MANOJ KUMAR Vs. GAYASI RAM

JUDGEMENT

(1.) PLAINTIFFS (appellants herein) filed a suit for permanent injunction seeking restrain orders against defendant Nos. 1 to 7 and defendant Nos. 8 to 10 from carrying out mutation of land bearing Khasra No.28/1 (0-08), 28/2 (0-12), 30 (4-18), 51/1 (2-0), 51/2 (3-15), 52 (1-15) and 82 (2-09) total measuring 15 Bighas 17 Biswas, situated within the Revenue Estate of Village Gadaipur, New Delhi, on the basis of illegal Sale Deeds executed in favour of defendants No. 8 and 9.

(2.) IN brief, case of the plaintiffs is that suit property belonged to one Shri Kale Ram, great grandfather of the appellant. Shri Kale Ram was survived by three sons and three daughters. All the three daughters relinquished their share in the property in favour of Shri Giasi Ram, defendant No.1 (respondent herein). Shri Shyam Lal and Shri Ram Bal, the other sons of Kale Ram also relinquished their share in favour of Giasi Ram. The entire land was sold in the year 1996 to respondent Nos. 8 and 9 by way of multiple Sale Deeds, some of which remained unregistered. Purchasers filed a writ petition seeking directions for registration of un-registered Sale Deeds. In the writ petition and other legal proceedings, plaintiffs sought impleadment but they failed and their prayer was rejected upto the Supreme Court.

(3.) TRIAL court vide its order dated 12.02.2009 rejected the plaint under Order 7 Rule 11 CPC observing that as per Section 41 (h) of the Specific Relief Act (hereinafter referred to as "Act") efficacious relief was available to the plaintiffs and since they did not seek efficacious remedy of declaration for declaring the impugned Sale Deeds as null and void, the relief of injunction was not available to the plaintiffs because of provisions of Section 41 (h) of the Act. The trial court observed:-