SHANTILAL BHULABHAI PATEL Vs. BHULABHAI KHEMABHAI PATEL

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908. By way of the present Second Appeal, the appellant has challenged the judgment and decree passed by the Principal District Judge, Mahisagar at Lunawada in Regular Civil Appeal No.22 of 2021 dtd. 3/1/2022, whereby the Principal District Judge has confirmed the order and judgment dtd. 12/11/2021 passed by Senior Civil Judge, Lunawada in Regular Civil Suit No.7 of 2020.

(2.) For the sake of convenience, the parties are referred to as their original status in the suit i.e. the appellants are referred to as the original plaintiffs and the respondents are referred to as the original defendants.

(3.) The plaintiffs filed Regular Civil Suit No.7 of 2020 on the ground that the plaintiffs are the owner of the suit property and by way of the registered sale deed dtd. 3/3/2011, the suit property has been sold by the plaintiffs to the defendants and it has been stated in the plaint that by committing fraud the defendants instead of 2 acres, the defendants have mentioned hectare 2/22/58 in the sale deed and therefore, it is alleged in the plaint that by fraud the defendants have mentioned hectare 2/22/58 instead of 2 acres. It has been alleged in the plaint that thereafter the plaintiffs and the defendants met and the defendants informed the plaintiffs that the defendants will not claim any right arising from the sale deed dtd. 3/3/2011 and it is the case of the plaintiffs that the plaintiffs refunded the entire sale consideration and therefore, it is alleged that the defendants do not have any right, title or interest in the suit property and the plaintiffs sought relief for declaration, that by virtue of registered sale deed No.321 of 2011 dtd. 3/3/2011, the defendants do not have any right, title and interest in the suit property and the plaintiffs also sought for injunction with respect to the suit property.