RAMKUWAR BAI Vs. NANDKISHORE

JUDGEMENT

(1.) This appeal under Sec. 100 of the Code of Civil Procedure has been preferred by defendants 1 to 4 being aggrieved by the judgment and decree dtd. 26/4/2024 passed in Civil Appeal No.40 of 2022 by the Third District Judge, Shajapur partly reversing the judgment and decree dtd. 5/11/2022 passed in RCS 138A/2014 by the First Civil Judge, Junior Division, District Shajapur and decreeing the claim of plaintiffs for permanent injunction.

(2.) The plaintiffs instituted an action before the trial Court for declaration of their title to the suit lands, permanent injunction restraining the defendants from interfering with their possession over the same and for declaration that the sale deed dtd. 30/9/2014 executed by defendants 1 and 2 in favour of defendants 3 and 4 is null and void.

(3.) As per the plaintiffs, the suit lands were earlier held by Babulal, predecessor in interest of defendants 1 and 2. On 4/7/2005 he had entered into an agreement to sale with respect to the same in their favour for a consideration of Rs.4,80,000.00 upon payment of the entire consideration. The plaintiffs have been in possession of the suit lands ever since then as owners thereof. However, by a registered sale deed dtd. 30/9/2014, defendants 1 and 2 have sold the suit lands in favour of defendants 3 and 4 which is illegal.