VEDPAL AND ORS. Vs. BHARPAI AND ORS.

JUDGEMENT

(1.) Original Suit No. 423/1989 (Smt. Bharpai Vs. Bishan and others) was filed for relief of permanent injunction with prayer the defendants be restrained from interfering in plaintiff's possession over disputed plot no.-167; and relief of declaration was also sought that sale-deed dated 20.06.1989 executed for disputed property by defendant no.-1 Bishan in favour of defendant no.-2 Bishan is void and ineffective. This suit was also consolidated with another original suit no. 65/1990 Indraj Vs. Bishan, in which plaintiff had sought relief of declaration that registered sale-deed dated 20.06.1989 executed by Bishan in favour of Chandrapal be declared illegal, null and void. Thus plaintiffs of both the suits have sought relief that registered sale-deed executed by defendant no.-1 Bishan in favour of defendant no.-2 Chandrapal be declared null and void and that defendants be restrained from interfering in possession of plaintiffs of original suit no. 423/1989, who claimed to be in possession of said property. Both the consolidated original suits were dismissed by judgment dated 20.12.2000 of IInd Additional Civil Judge (J.D.) Ghaziabad.

(2.) Against this judgment the plaintiff of original suit no. 423/1989 (Smt. Bharpai through LRs) had filed Civil Appeal no. 30/2001, which was heard and partly decreed by judgment dated 10.09.2015 of Additional District Judge/Special Judge (E.C. Act), Ghaziabad. By this judgment the first appellate court had dismissed the appeal against the judgment of original suit no. 65/1990; but partly allowed the appeal against the judgment of O.S. No.-423/ 1989 and cancelled the registered sale-deed dated 20.06.1989 executed by Bishan in favour of Chandrapal. The Civil Appeal no. 30/2001 was preferred only by the plaintiff of original suit no. 423/2001. Against this judgment Second Appeal No. 897/ 2015 (Indraj & Others v. Smt. Bharpai & Others) has been preferred only by the plaintiff of original suit no. 423/2001 which was heard and dismissed by judgment dated 30-10-2015 of this Court.

(3.) Another Second Appeal No.- 858/ 2015 (present Second Appeal, instituted by plaintiffs of original suit no. 65/1990) was also filed against the judgment dated 10.09.2015 of Additional District Judge/Special Judge (E.C. Act), Ghaziabad. The parties to this appeal (S.A.-858/ 2015) were the same which were parties in Second Appeal No. 897/ 2015 (Indraj & Others v. Smt. Bharpai & Others).