JEERA DEVI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India preferred by Smt. Jeera Devi and Ghanshyam Patel, third parties to Original Suit No. 154 of 1999, Munnan Devi v. Smt. Amrawati Devi, who have been denied leave to continue the suit on the basis of assignment pendente lite and further, are faced with an order permitting withdrawal of the suit by the plaintiff. This order turning tables for the petitioners has been passed in an appeal by the Additional District Judge, Court No. 12, Varanasi, reversing the Trial Court, which had granted leave to the petitioners to continue the suit and declined permission to the plaintiff to withdraw it.

(2.) The facts giving rise to this petition, in necessary detail, are these : Plot No. 40 admeasuring 0.243 hectare and Plot No. 156 admeasuring 0.72 decimal, situate in Village Mauza Saraimugal, Pargana Athagaon, Tehsil Pindra, District Varanasi was recorded in the name of one Smt. Munnan Devi. She was a co-sharer in the two plots to the extent of a half share along with her co-tenure holder, Smt. Ramdei Devi, wife of Ramdas. One Smt. Amrawati Devi, wife of Late Panna Lal, claimed that Smt. Munnan Devi had executed a sale deed of her half share in the plots of land above mentioned on 9/10/1998. Smt. Amrawati Devi got her name recorded as a co-tenure holder along with Smt. Ramdei Devi, after mutating out the name of Smt. Munnan Devi in the revenue records on 11/8/1999. This was done on the basis of the sale deed dtd. 9/10/1998. On 8/2/1999, Smt. Munnan Devi brought a prompt action against Smt. Amrawati Devi, seeking a declaration that the sale deed dtd. 9/10/1998 was null and void, with a prayer that the declaration granted be communicated to the Sub-Registrar, where the deed had been registered for recording the declaration. A permanent injunction was also claimed against Smt. Amrawati Devi to the effect that the defendant be restrained from interfering with the plaintiff's title and possession in the suit property or otherwise creating an obstruction in any manner, and further not to destroy the standing crops in the suit property. The aforesaid suit brought by Smt. Munnan Devi against Smt. Amrawati Devi was numbered on the file of the Civil Judge (Junior Division) Haveli, Varanasi as Original Suit No. 154 of 1999. The short case of Smt. Munnan Devi in the suit was that the impugned conveyance dtd. 9/10/1998 was not her deed. It had been got executed by Smt. Amrawati Devi through the agency of an imposter, a woman, different from Smt. Munnan Devi. The sale deed was, therefore, impugned as a void document.

(3.) On 3/7/2000, a written statement was filed by Smt. Amrawati Devi, contesting the plaintiff's case. It would not be material, for the purpose of this petition, to enumerate what her defence was. Smt. Munnan Devi put in a replication on 29/8/2000. On 30/8/2000, the Trial Court struck issues, a total of seven. What the issues were is also not relevant for the purpose of this petition. The sole plaintiff, Smt. Munnan Devi, was examined as P.W.1. She testified in the dock on 11/2/2003 and 17/7/2003. Pending suit, Smt. Munnan Devi executed two sale deeds - one in favour of Smt. Jeera Devi, conveying her half share in Plot No. 156, that is to say, the area of 0.298 hectare out of the total of 0.596 hectare; and the other in favour of Ghanshyam Patel, conveying her half share in Plot No. 40 admeasuring 0.121 hectare out of the total of 0.243 hectare. Both these sale deeds were executed on 21/5/2011 and admitted to registration by the Sub-Registrar, Pindra, Varanasi on 23/5/2011. On the 9th of February, 2013, Smt. Munnan Devi passed away, while the suit was still pending.