SUBHASH Vs. JAIHIND COOPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) The appellant - original plaintiff is aggrieved by the judgment and decree dtd. 31/8/2019 passed by the 3rd Joint Civil Judge (Senior Division), Nagpur in Special Civil Suit No. 573/2015, whereby the learned Judge has dismissed the suit, which was filed for declaration, possession, injunction and damages.

(2.) Upon hearing the learned Counsel for the parties, following points arise for my consideration : <IMG>JUDGEMENT_4_LAWS(BOM)3_2024_1.JPG</IMG>

(3.) The appellant claimed to be the owner of the suit property bearing plot No. 13, admeasuring 3000 square feet, out of Khasra No. 85, City Survey No. 558, Mouza - Somalwada, District - Nagpur. He had purchased the suit property on 22/4/1987 from respondent no.1 - Society through registered sale-deed. He was in service and had purchased the suit property to settle at Nagpur, post retirement. He was to retire in the month of March - 2015. He visited the suit property in January - 2015 where he found that some construction work was under progress over the suit property. Upon enquiry, he came to know that respondent no.4 is doing the said construction. He approached the office of respondent no.4 and showed him the sale-deed dtd. 22/4/1987. Respondent no.4 informed him that he has purchased the suit property from respondent no.3. Upon enquiry, the appellant came to know that respondent no.1 has, on 5/10/1990, again sold the suit property to respondent no.2, who in turn sold it to respondent no.3, who thereafter sold it to respondent no.4 on 25/9/2014. Accordingly, the appellant sought declaration that the subsequent sale-deeds are null and void.