RAJ KUMAR SINGH Vs. RANVIR SINGH

JUDGEMENT

(1.) Heard Sri Divakar Rai Sharma, learned Counsel for the revisionist.

(2.) The Respondent first set filed Original Suit No. 643 of 2007 in which the revisionist was Defendant first set and the Respondent No. 4 was Defendant second set. In the said suit the relief sought was for a decree of declaration declaring the impugned sale-deed dated 19.5.2007 alleged to be executed by the Defendant second set in favour of the Defendant first set in respect of the land as null and void and further for a decree for permanent prohibitory injunction restraining the Defendants from creating any kind of interference in peaceful possession of the Plaintiff.

(3.) It is alleged that the Plaintiffs are owners and are in possession of land situated at village Kuarsi, which is integral part of plot No. 275 Gha. It is alleged that late Asha Ram was bhumidhar of various agriculture plots including plot Nos. 275 Gha and 276 Gha and after the death of Asha Ram his three sons inherited the entire estate left by deceased including the aforesaid land. After the death of Asha Ram, his three sons, namely Sri Shanti, Sri Babu Lal and Sri Triloki made a family settlement and they divided the entire estate of Sri Asha Ram. Sri Triloki who inherited the land comprised in plot Nos. 252Ga, 260 Gha, 271Kha, 272Ga, 275Gha, 276Kha, 279Kha and 280Ga upto the extent of his one third share and he transferred his entire share to various persons. Sri Natthi also transferred the land upto the extent of his one third share to different persons specifically his share comprised in plot No. 276Ga, i.e. one third share to Sri Shakum Singh, son of Sri Ram Pal Singh by means of registered sale-deed dated 23.4.2004 and his name was also struck off from the revenue record vide order dated 20.5.2006 by the Court of Tehsildar Koil, Aligarh in mutation proceeding. Sri Natthi prior to 23.4.2004 transferred his entire land to different persons and the remaining entire land which he obtained in an oral family settlement was also transferred on 23.4.2004. Sri Natthi had nothing to do for many parts of the land comprised in plot Nos. 252Ga, 260 Gha, 271Kha, 272Ga, 275Gha, 279Kha and 280Ga on 19.5.2007 as he has also alienated entire share of the said land through the different sale-deeds hence he has no right at all to execute the sale-deed dated 19.5.2007 in favour of Defendant first set. It was alleged that the Defendant second set and Defendant first set being in collusion with each other manufactured a forged sale-deed dated 19.5.2007 by Defendant second set in favour of Defendant first set without any sale consideration. The sale-deed dated 19.5.2007 is void document and sought decree that the sale-deed dated 19.5.2007 executed by the Defendant second set in favour of Defendant first set be declared null and void.