BHUPENDRA SHANTILAL SHAH Vs. FANNY RUSTOMJI CONTRACTOR

JUDGEMENT

(1.) The appellants are defendant Nos.2 and 3 of Special Civil Suit No.823 of 2011 filed before the 12th Additional Senior Civil Judge, Vadodara with a plea that they are the bona fide purchasers of the suit property for valuable consideration and are lawful owners.

(2.) The present respondent No.1 had filed the suit claiming ownership of the disputed property against five defendants. The learned trial Court Judge was pleased to allow the suit on 3/5/2019 granting the relief prayed by the plaintiff declaring the sale deed dtd. 1/6/2010, in favour of the defendant Nos.2 & 3, present appellant, as illegal and therefore, declared it as void. Further the defendants were ordered not to execute any document of sale, mortgage or gift with defendant Nos.2 & 3 or with their agents or representatives, and further restrained from transferring or assigning the suit land or to create any third party interest or to create any hindrance in the possession and occupation of the suit property of the plaintiff.

(3.) The appellants as defendant Nos.2 and 3 of the suit have challenged the decree and judgment and have contended that respondent No.1, as plaintiff, ought to have sought further relief of possession and therefore, there could not be any declaration with respect to the sale deed, as the suit becomes barred by law. That, no Court would pass an order in futility since the respondent No.1 as the plaintiff had not made any prayer for recovery of possession, as in spite of declaration of the sale deed as illegal, the respondent no.1 would not get back the property.