MUKESH Vs. SHANTILAL

JUDGEMENT

(1.) Being aggrieved by the order dated 10/07/07 passed by II ADJ, Mandsaur in Case No.22-A/04, whereby preliminary issue No.8 framed on the instance of the petitioners was decided against the petitioners, present petition has been filed.

(2.) Short facts of the case are that respondent NO.1 filed a suit for declaration and permanent injunction against the petitioners and also against rest of the respondents alleging that the suit land is situated at village Petlawad which is an agricultural land. It was alleged that the suit property was purchased by the Grand father of respondent NO. 1 in the name of Radhakishan father of respondent No. 1, therefore, in the revenue record name of father of respondent No. 1 was recorded as Bhumiswami. It was alleged that before 20 years grand father of respondent No. 1 gave suit land to the respondent No. 1 with the consent of father of respondent No. 1 and since then respondent No. 1 is in occupation of the land, but the name in the revenue record continued in the name of father of respondent No. 1. It was alleged that father of respondent NO. 1 sold the land in favour of petitioners and rest of the respondents vide sale deed dated 03/11/03, which is illegal. In the suit it was prayed that it be declared that the sale deed is void and permanent injunction be issued in favour of respondent No. 1.

(3.) The suit was contested by the petitioners on various grounds including on the ground that as per provisions of Benami Transaction Act the suit itself is not maintainable and the same be dismissed. On the basis of pleadings of parties learned trial Court framed the issues. Issue No.8 was as under:-