MANOJ GUPTA Vs. MRS. MANJU RANI AND ORS.

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 28.01.2011 which had endorsed the findings of the trial Judge dated 23.02.2010 whereby the suit filed by the Plaintiff Manoj Gupta seeking declaration to the effect that the sale deed dated 01.06.1984 registered on 02.06.1984 be declared null and void had been dismissed.

(2.) THE contention of the Plaintiff is that his great grandfather had purchased the property i.e. property bearing No. 13/99, Subzi Mandi, Bahadurgarh, Haryana against a sale consideration of Rs. 5,000/ - on 11.05.1943 which was duly registered. Dr. Mahabir Prasad who was the grandfather of the Plaintiff represented himself to be the owner of the suit property and had sold it to Defendants No. 1 & 2 vide registered sale deed dated 01.06.1984. Contention is that this could not have been done as the Plaintiff was the co -owner in the property and Dr. Mahabir Prasad could not sell this property vide the affronted document.

(3.) TRIAL Judge had framed three preliminary issues. They read as under: