SARDABEN GAUTTAMBHAI PATEL Vs. HARESH KANNAIYALAL MAJETHIYA

JUDGEMENT

(1.) CHALLENGE in this appeal is the order dated 23.08.2012 passed by the learned 7th Additional Senior Civil Judge, Gandhinagar below Exh.5 in Special Civil Suit No.299 of 2011 whereby, the learned trial Judge rejected the injunction application preferred by the appellants (original plaintiffs).

(2.) PARTIES to the present proceedings would be referred to as per their status in the plaint for convenience.

(3.) UPON cancellation of transaction with defendant No.1, the plaintiff Nos.1 and 2 wanted to get search of revenue titles in the office of Sub -Registrar, Gandhinagar and thereafter, they came to know that the defendant No.1 on the basis of cancelled MOU, made an attempt to execute the Registered Sale Deed in his name on 03.03.2009 in a fraudulent manner wherein, plaintiff Nos.1 and 2 have been shown as vendors and defendant No.1 as purchaser. The said sale deed came to be registered at Sr.No.2108 but for want of confirmation of execution of sale by plaintiff Nos.1 and 2 as vendors, the Sub - Registrar by order dated 06.11.2009 in exercise of his power under the provisions of Section 34 of the Registration Act, 1908, cancelled the registration. On the basis of the said fraudulent sale deed, the defendant No.1 on the same day, executed further sale deed transferring the said land in the name of defendant Nos.2 and 3 being Registered Sale Deed No.2117 for sale consideration of Rs.51 lacs. It is the case of the plaintiff No.2 that on 02.04.2009, he lodged a criminal complaint of fraud and cheating against the defendants with the Additional Inspector General of Police (Crime), Gandhinagar. It is further the case of the plaintiff Nos.1 and 2 that on 16.12.2010, the plaintiff Nos.1 and 2 sold the suit land to the plaintiff Nos.3 to 5 and accordingly, put the plaintiff Nos.3 to 5 in possession of the suit land. It is the specific case of the plaintiffs that the said sale deed dated 16.12.2010 came to be executed and registered after due public notice and no objections were raised by any of the parties, more particularly, any of the defendants.