ABHISHIK SINGH Vs. SHEHNAZ BEGUM

JUDGEMENT

(1.) PLAINTIFF has filed the present suit seeking cancellation of sale deed dated 11.6.2009 which has been executed by defendants no. 8 to 12 in favour of defendants no. 1 to 7; and also symbolic possession given by defendants no. 8 to 12 in favour of defendants no. 1 to 7.

(2.) PLAINTIFF has filed the present application under Order 12 Rule 6 CPC seeking a decree on admission.

(3.) SMT .Pratibha Singh during her lifetime executed a Will dated 30.1.2001 by which she bequeathed the property in favour of the present plaintiff i.e. her grand -son; and a probate was also granted by the Court in favour of the plaintiff. In the absence of Smt.Pratibha Singh actively looking after the suit property, some unknown persons, who had an evil eye on the property of the plaintiff, started negotiating with defendants no. 8 to 12 who wanted to buy the said property. Further as per the plaint, the defendants No. 1 to 7 conspired with defendants no. 8 to 12, knowing fully well that the deceased, Jyoti Chander Bhattacharya, who was the husband of defendant no. 9 and father of defendants no. 8 and 10 to 12 had already sold the property in favour of late Smt.Pratibha Singh in the year 1965. The said defendants i.e. defendants no. 8 to 12 despite being aware of this sale, after a lapse of 45 years executed a registered sale deed in favour of defendant no. 1 on 11.6.2009.