LALITA BAI Vs. AJAY PAL SINGH

JUDGEMENT

(1.) Heard on admission.

(2.) During the pendency of the first appeal, the defendant Bhurelal had expired and his name was deleted. Similarly, plaintiff Babulal had also expired, and therefore his legal representatives (present appellants) were brought on record.

(3.) Brief facts of the case are that deceased Babulal had filed a civil suit before the trial Court that on 22.1.1981 he had purchased three pieces of land from defendant No.1 Bhurelal by a registered sale deed. There was no dispute relating to remaining two pieces of land, but he had also purchased the land bearing Survey No.339/2 area seven biswa. On 28.4.1981 a mutation was done in favour of the plaintiff. However, due to mistake of Patwari, the name of plaintiff was not mutated on the land bearing Survey No.339/2, but it was mutated on the land bearing Survey No.339/3, which was not the land of the plaintiff. Defendant Bhurelal in connivance with respondent Ajay Pal Singh prepared a fake agreement of sale and executed a sale deed dated 3.9.1991 in the name of Ajay Pal Singh of the suit property though on 3.9.1991 Bhurelal did not have any title on the suit land, that could be sold to Ajay Pal Singh. The possession of the property was with the plaintiff, and therefore he filed a suit for declaration of his title and to declare the sale deed executed by defendant Bhurelal in favour of respondent Ajay Pal Singh as null and void. A relief for perpetual injunction was also sought that no interference be done in the possession of the plaintiff over the suit property.