SUPRABHA DUBEY Vs. SONABAI

JUDGEMENT

(1.) THIS first appeal under Section 96 CPC has been filed by the appellants / plaintiffs against the judgment and decree dated 1 st February, 2005 passed by learned 7 th Additional District Judge, Gwalior, in civil suit no. 10 - A/2004, whereby the suit filed by the appellant / plaintiffs for declaration of sale deed dated 29.10.1998 executed by the defendants no. 1 to 3 in favaour of the defendants no. 4 and 5 is void and ineffective and no right accrued to the defendants on the basis of that sale deed, has been dismissed.

(2.) SUCCINCTLY stated facts of the case are that the appellants / plaintiffs had filed a suit for declaration of sale deed dated 29.10.1998 void on the ground that the appellants / plaintiffs and 48 other persons have purchased 10 bigha land out of total 12 bigha 10 biswa land situated on survey no. 964 in the village Mahalgaon, Tahsil and District Gwalior (MP) from one Kundan Singh by registered sale deed dated 7.1.1996 which has been shown in the map Annexure -v annexed with the plaint by mark v] c] l] n] d] [k] x] ?k. The land has been developed by respondent no. 6 and plots no. 56, 57 and 58 have been allotted to the appellants / plaintiffs which are shown by red ink line in the map Annexure -c which is disputed property in this case.

(3.) IT is further stated that the respondents no. 1 to 3 have transferred the same disputed property to the respondents no. 4 and 5 by registered sale deed dated 23.10.1998. The respondents no. 1 to 3 are successor of Kundan Singh who had sold the property to the appellants / plaintiffs by registered sale deed dated 7.1.1996, therefore, the respondents no. 1 to 3 was not having any title, right and authority in the disputed property, therefore, they could not transfer the land to the respondents no. 4 and 5, therefore, the respondents no. 4 and 5 have not acquired any title, interest and right in the disputed property. When, the respondents no. 4 and 5 tried to raise construction on the disputed land on 8.5.1999, the appellants / plaintiffs instituted the suit before the trial court for declaration and permanent injunction.