HARDAYAL Vs. ARAM SINGH

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff assailing the judgment and decree passed by two Courts below.

(2.) Plaintiff filed a suit for declaring the sale-deed dated 29-7-85 executed by the deceased Ladaitibai in favour of Aram Singh and Khemraj, as void. The sale-deed dated 29-7-85 related to the agricultural land comprised in Survey No. 1634 area 0.40, and Survey No. 1652 area 2.40 acres. Plaintiff alleged that the said lands were owned and possessed by one Buddhe and after his death, his widow Ladaitibai succeeded. She did not execute any such sale-deed. It was executed by putting some impostor before the Registrar of Registration. Ladaiti Bai died on 18-2-85 before the date of execution of sale-deed which was fraudulently got executed. The sale-deed is illegal and void. Plaintiff himself claimed to be a close relation of the deceased Ladaitibai. Hence, he filed the suit.

(3.) Defendants Nos. 1 and 2 in their written statement contested that the sale-deed was duly executed by Mahila Ladaitibai herself. She had received the full consideration, Ladaitibai had died in the year 1986 i.e. after executing the sale-deed and not in the year 1985 as suggested by the plaintiff. Plaintiff is not the legal heir of the deceased Ladaitibai and thus has no right to maintain the suit.