BAL VYASI Vs. UJJALA

JUDGEMENT

(1.) THIS appeal is from an order passed by the Additional District Judge, Bhind, appointing the Collector as Receiver in a suit between the respondent plaintiff and the appellant defendant.

(2.) THE respondent Smt. Ujjala's suit is for a declaration that she is the Bhimiswami of the lands (Khasra Nos. 4, 5, 64, 172, 350, 403, 404, 415 and 680) of village Bhdhanpur. Pargana Bhind and that she is in possession of these lands. She alleges that she is an illiterate Pardanaashin woman without any issue that the defendant who, is her husband's sisters son, get a sale deed dated December 11, 1967, Executed and registered in respect of the suit lands for Rs. 20,000/ - by somebody personating her. It is her contention that she newer executed that sale deed she seeks this declaration. She also claims cancellation of the mutation in revenue record which the defendant got effected on faith of the impugned sale deed. She claims a declaration that it is fictitious, ineffective and without consideration.

(3.) THE defendant made an application under Order 39 rule 1, CPC, to restrain the plaintiff from interfering with his possession. The trial Court dismissed that application, but appointed a receiver. That order was set aside by this Court on the defendant's appeal. (Misc. Appeal No. 65 of 1969 decided on December 3, 1969).