CHANKALI Vs. DOODH NATH MANI

JUDGEMENT

(1.) Plaintiff Smt. Chankali instituted a suit for cancellation of the sale-deed dated 7.1.1983 and for a decree of permanent injunction in respect of the land covered by the aforesaid sale-deed.

(2.) According to the Plaintiff, she is the only daughter of Ram Ashish who expired early morning at 4 a.m. on 7.1.1983. The said Ram Ashish during his life time, on 11.9.1979 had executed a registered Will bequeathing his moveable and immovable property to her. On his death, she applied for mutation of her name on the basis of the aforesaid Will and the Naib Tehsildar vide order dated 5.5.1983 directed for recording her name.

(3.) The Defendants manipulated a sale-deed dated 7.1.1983 alleged to have been executed by the aforesaid Ram Ashish. The sale-deed was registered on 8.4.1983 and within five days of its registration, on 13.4.1983 an order was obtained by Defendants for mutation of their names. In pursuance to the said order, the Defendants names were entered in the revenue record on 25.5.1983. Plaintiff acquired knowledge of the said order, applied for its recall and the same was recalled vide order dated 2.9.1984. The above order was challenged by the Plaintiff in appeal. It was set aside on 16.3.1985 and the matter was remanded. The Defendants challenged aforesaid order in revision which was ultimately dismissed on 16.1.2004.