RANJEET SINGH Vs. DHAN SINGH TOMAR AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the judgment and order dated 13.7.2004 passed by the Additional District Judge/Vth F.T.C., Dehradun in Original Suit No. 618 of 2000, Ranjeet Singh Vs. Dhan Singh Tomar and Ors., thereby directing to return the plaint having observed that civil court has no jurisdiction on the subject matter.

(2.) Brief facts of the case giving rise to this appeal are that appellant/plaintiff is the bhumidhar of khasra plot no. 128M and 130M having an area of 0.90 acre and 2.00 acres respectively (total area 2.90 acres) situated in village Kanwali, Pargana Central Doon, District Dehradun. The respondent/defendant no. 2 agreed to purchase this property from the appellant/plaintiff for a total sale consideration of Rs. 21,16,276/- payable in installments and a sale deed was executed on 31.10.1988. The transfer of the property in favour of respondent/defendant no. 2 was conditional and on the non-fulfillment of the conditions of transferring the said property, the sale deed was to stand cancelled and the entire payment made thereunder was to stand forfeited. The respondent/defendant no. 2 did not make the payment of the installments in time or on the due dates and had made payment of Rs. 4,55,000.00 only towards the sale consideration and has not paid the balance amount. Therefore, the appellant/plaintiff cancelled the sale deed dated 31.10.1988 through a notice dated 19.10.1989. But even after the cancellation of the sale deed, the respondent/defendant no. 2 continued to transfer the various portions of the disputed property to various persons against which suits were earlier filed by the appellant/plaintiff.

(3.) In the present appeal, according to appellant, the respondent/defendant no. 2 has sold a portion of the disputed land on 31.3.1999 to respondent/defendant no. 1 and has got the said sale deed registered. According to the appellant the said sale deed registered. According to the appellant the said sale deed is illegal, void, without authority and not binding upon the appellant/plaintiff in view of the cancellation' of the sale deed dated 31.10.1988 by the appellant/plaintiff. In pursuance of the aforesaid sale deed, the respondent/defendant no. 1 had obtained a sanction of a plan from respondent/defendant no. 3 for constructing a residential house on the disputed land and started raising construction over the said land. On making a complaint by the appellant/plaintiff with respondent/defendant no. 3, the respondent no. 3 vide its order dated 9.5.2000 directed the respondent/defendant no. 1 not to raise any construction over the said land until the final disposal of suit no. 3, respondent/defendant no. 1 continued to raise constructions over the said land. Therefore, appellant/plaintiff filed the suit no. 618/2000 before the Civil Judge (SD), Dehradun thereby praying to issue a permanent injunction restraining the respondent/defendant no. 1 from raising constructions over the land and a mandatory injunction was also prayed to be issued directing the respondent/defendant no. 3 not to permit the respondent/defendant no. 1 to raise construction over the land.