KATWARU Vs. SMT. AWADHRAJI

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the records.

(2.) It is admitted between the parties that Mahadev had two sons namely, Ramdev and Deep Chand. It is also admitted that plaintiffs no. 1 to 4 (Katwaru, Jairam, Harindra and Virendra) of the original suits (O.S. no. 839/1993, no. 681/1994 and no. 235/2000) are sons of Ram Dev. It is pleaded by defendants Govardhan @ Bachcha that he is son of Deep Chand, but this fact has been denied and contested between the parties.

(3.) It was defendant Govardhan's case that he is son of Deep Chand and inherited his property and thereafter sold his share in this property to Smt. Patia and Awadhraji. Plaintiffs' (present appellants) Case was that Govardhan is not son of Deep Chand, and after death of Deep Chand, whole of the disputed agricultural property came in share of their father Ram Dev, and after death of Ram Dev, the plaintiffs no. 1 to 4 had succeeded whole of the property and came in its possession. On these grounds, plaintiffs Katwaru and others had filed Original Suit No. 681/1994 for relief of permanent injunction against Awadhraji and others (vendees from Govardhan) for permanent injunction. These plaintiffs also filed O.S. No. 235/2000 with prayer that it be declared that Govardhan is not son of Deep Chand. The plaintiffs had also filed O.S. No. 839/1993 against purchasers Smt. Patia and Smt. Awadhraji, and also against Govardhan for cancellation of registered sale-deed of disputed property executed by said Govardhan in favour of Patia and Awadhraji.