VINOD GURU Vs. PARUL SONI

JUDGEMENT

(1.) This is an appeal under Section 96 of the Code of Civil Procedure by the defendants against the judgment and decree dated 23.03.2007 passed in Civil Suit No.11-A/2005 by the V Additional District Judge, Sagar. By the said judgment and decree, the suit filed by the respondent has been decreed and it is declared that the sale-deed dated 12.09.1997 executed in favour of the appellant No.1 by appellant No.2 is not binding on the respondent/plaintiff. A further decree of injunction has been granted restraining the appellants to interfere in the possession of the respondent/plaintiff in House No.6/53-B, Sadar Bazar, Sagar.

(2.) Facts giving rise to filing of this appeal are that the respondent filed a suit initially against the appellant No.1 only on 05.05.1999 seeking following relief :

(3.) (The relief claimed in the unamended claim are mentioned). The contention made in the plaint were that the respondent has purchased the house from the appellant No.2 by a registered sale-deed dated 02.03.1997 for Rs.2,00,000/- and was put in possession of the said house. The description of the house and its boundaries were mentioned. It was alleged that the respondent was minor and his father was looking after the property. The appellant No.1 was an influential person and was intending to grab the property of the respondent/plaintiff. In the intervening night of 11.04.1999, the appellant No.1 tried to take forcible possession of the house. When he was stopped to do so and a complaint in writing was made, it was alleged by the appellant No.1 that vide registered sale-deed dated 12.09.1997 the appellant from No.1 has purchased the house for a valuable consideration from appellant No.2 and thus has become the owner of the said house. On the basis of such information, the respondent thought that a cloud is cast on his title on the strength of such a sale-deed, therefore, the suit was filed on 05.05.1999 only against the appellant No.1.