CHANDRA KANT CHAHAL & OTHERS Vs. RAJENDRA TREHAN

JUDGEMENT

(1.) Second Appeal is directed against the judgment and decree dated 30.07.2015, passed by VI Addl. District Judge, Dehradun, whereby Civil Appeal no. 19 of 2011, titled as Chandra Kant Chahal and others Vs Rajendra Trehan and others, has been dismissed and judgment and decree dated 10.01.2011, passed by I Addl. Civil Judge (Junior Division), Dehradun, in Original Suit no. 104 of 1991, Smt. Satyanand Chahal and others Vs Smt. Shanti Devi and others was affirmed.

(2.) Facts leading to filing of the present case are that the plaintiffs / appellants instituted aforesaid suit for seeking decree of prohibitory injunction against the defendants / respondents in regard to land khasra no. 11 to 13, 81, 82, 84, 85, 88 to 91, 96 to 98, 103, 365, 366, 403 to 413, 427, 430 to 432, 482, 487 and 61 / 764, total measuring 0.77 Acres, situated in Village Dhakpatti Mahaal Pratap Singh, Pargana Central Doon, District Dehradun, stating therein that the said land was recorded in the name of Smt. Satyanand Chahal, who died during the pendency of aforesaid suit. The suit property is bounded as towards south property of Sharp Memorial School and is divided by the property of Sharp Memorial School through a wall.

(3.) Smt. Ghasiti Devi, who was an insane lady, was owner-in-possession of the suit property. Smt. Satyanand Chahal, mother of the appellants, moved an application before the District Judge, Saharanpur by filing a misc. case no. 91 of 1935 for appointment of guardian of the person and property of Smt. Ghasiti Devi. She was appointed the guardian of the person and property of Smt. Ghasiti Devi by District Judge, Saharanpur. After obtaining permission from the District Judge, Dehradun to sell the property of Smt. Ghasiti Devi, Smt. Satyanand Chahal executed registered sale deed in favour of defendant nos. 1 and 2 on 29.06.1968. On the strength of said sale deed, defendant nos. 1 and 2 became the owners of the suit property. They in turn sold the suit property to defendant no. 8 through registered sale deed dated 21.01.1988. After the execution of the said sale deed in favour of defendant no. 8, Smt. Satyanand Chahal filed Original Suit no. 104 of 1991, Smt. Satyanand Chahal Vs Smt. Shanti Devi, claiming that she is the owner of the suit property and in possession.