LAWS(ALL)-2012-1-380

WASAT Vs. IMAM KHAN AND OTHERS

Decided On January 05, 2012
Wasat Appellant
V/S
Imam Khan And Others Respondents

JUDGEMENT

(1.) THIS is plaintiff's second appeal arising out of O.S. No.191 of 2006, which was dismissed on 03.01.2007 by Additional Civil Judge, Junior Division, Court No.2, Muzaffarnagar. Against the said judgment and decree plaintiff appellant filed Civil Appeal No.12 of 2007, which was dismissed on 03.10.2011 by A.D.J. Court No.11, Muzaffarnagar, hence this second appeal.

(2.) THE relief claimed in the plaint was for declaration that sale deeds dated 22.02.1980 and 08.06.1988 were void and should not be given effect to. The plaint case was that plaintiff and his real brother Sharafat were bhoomidharsin possession of half portion of Plot No.697, total area 7 bighas 13 biswas 15 biswansis; that on the date on which first sale deed was executed i.e. 22.02.1980, plaintiff was 11 years of age and Sharafat his brother was 13 -14 years of age. Sharafat was not made party in the suit. Allegation was that one of the brothers Liyakat turned dishonest and sold the property showing the sale deed to have been signed by plaintiff and Sharafat also. It was not stated in the plaint that Wahid Khan father of the plaintiff had how many sons, whether apart from plaintiff, Sharafat and liyakat there was any other son or not? The deed of 28.02.1980 was in favour of Islam Khan. Thereafter Islam Khan died and his sons defendants No.1 to 3 sold the property to defendants No.4 to 8 on 08.06.1988.

(3.) EVEN though before the trial court defendants did not appear however trial court held the suit to be hopelessly barred by time. In Para -9 of the plaint it was further stated that in 2006 plaintiff contacted one Sattar in the village where land in dispute is situate in connection with settlement of marriage of his son and only then he came to know about the sale deeds. If plaintiff was born in 1969 as alleged by him and married at the earliest age of 21 years (in 1990) then in 2006 his son must be 15 years of age by maximum, hence there was no question of settlement of his marriage.