ACHHE LAL Vs. SHRI KRISHNA GOPAL AGARWAL

JUDGEMENT

(1.) This is plaintiffs second appeal under Sec. 100 C.P.C.

(2.) The plaintiffs instituted a suit no. 760 of 2011 for cancellation of the sale deed dated 02.12.1966 which was fraudulently executed in favour of defendant no. 1. They also sought injunction restraining them, from taking forceful possession and causing interference in their possession over the suit property.

(3.) The plaintiffs' case was that the suit property Arazi No. 89 (7 Bigha and 9 Bishwa) recorded in the name of Prabhu and Pachuwa, sons of Tarapat in respect of four Bigha and rest three Bigha and 9 Bishwa was recorded as a barren land. After the zamindari abolition, Khatauni No. 1360 also in the name of Prabhu and Pachuwa remained was recorded. Both Prabhu and Pahuwa were real brothers and they were Sirdar of the said land. They remain owner and in possession over the suit property. After their death, their heirs and legal representatives and now the plaintiffs are in possession as a Bhumidhari with transferable rights. It was stated that the cause of action arose on 07.08.2011, when the defendant no. 1 along with his associates defendant nos. 2, 3 and 4 tried to cause interference in the suit property, on the basis of sale deed which was executed in their favour by Prabhu. They also claimed that their names were recorded in the revenue record.