RAM RATAN & ANOTHER Vs. BHAGWANDEEN

JUDGEMENT

(1.) I have considered the submissions made by learned Counsel for the appellant and Sri Jokhan Prasad, learned counsel for the respondents on admission of second appeal and perused the records.

(2.) The plaintiffs have file original suit no. 150/1984 for cancellation of sale-deed dated 26.10.1977 executed on behalf of Dhan Dei in favour of defendants no. 1 & 2. The plaint case in brief was that plaintiffs are owner and tenure holder of disputed agricultural property, and are in possession of it. The sale-deed was sought to be cancelled on the grounds that this is a forged deed not executed by Dhan Dei who was not in need of money to sell her property, this deed was without payment of consideration and was illegal because it was executed during consolidation proceedings but without permission of consolidation court. The plaintiffs also prayed for the relief of permanent injunction restraining the defendants to interfere in the position of disputed property.

(3.) It has been admitted fact that before initiation of consolidation proceedings name of Smt. Dhan Dei was recorded over disputed land, she executed sale-deed of said property. But during beginning of the consolidation operation the name of father of plaintiff-appellants was mutated after death of Smt. Dhan Dei. But the defendant-respondents file appeal in consolidation court, in which compromise deed was filed on behalf of parties including present appellants. Said appeal was allowed and name of defendant-respondents was mutated over disputed land. It is also admitted fact that after completion of consolidation operation, the name of defendant-respondents is still recorded, and appellants have moved the revenue court for mutation of their name over disputed agricultural land which is still pending.