S.N. BAKSHI Vs. MAJIDUDDIN

JUDGEMENT

(1.) This appeal under Sec. 96 of the Code of Civil Procedure has been filed by the appellant/Defendant No.8 against impugned judgment and decree dtd. 12/11/2007 passed by Vth Additional District Judge, Bhopal in Civil Suit No.24-A/2004 [Majid Uddin and another Vs. Aleem Uddin and others] whereby the suit of the respondents/plaintiffs for declaration and injunction has been allowed.

(2.) The respondents no.1 and 2/plaintiffs filed a civil suit seeking relief to declare that the registered sale deed dtd. 11/10/2000 (Exhibit-P-12C/Exhibit-D-9C) executed by Defendants No.1 to 5 in favour of Defendant No.8 in respect of land area 32 decimal which is a part of suit property admeasuring 8.32 acres situate over Khasra No.8, Patwari Halka No.20, Bagsewania, Tahsil Huzur, District Bhopal, as null and void on the basis that predecessor of Defendants No.1 to 7, namely, Late Jahiruddin did not have right and title to sale the same and the appellant/Defendant No.8 be restrained from further transferring the suit property and permanent injunction be granted to the effect that respondents/Defendants No.9 and 10 (Government Bodies) be restrained from granting building permission.

(3.) Admitted facts in the suit are that originally the suit land alongwith other lands totalling 8.32 acres situated in Bagsewania, Tahsil Huzur, District Bhopal belong to one Aminuddin (father of plaintiffs no.1 and 2) and he was owner and in possession of the suit property. Aminuddin expired on 6/2/1998 but during his life-time he had 8.32 acres of land, of which 32 decimal suit land is a part of land that was diverted through order dtd. 29/4/1974 passed by Sub Divisional Officer, Tahsil Huzur, District Bhopal in Case No.14/A/21/64-65 and Case No.14/A/21/67-68. He further obtained permission from Town and Country Planning, Bhopal by order dtd. 17/1/1973. As per permission 8.32 acres of law was divided into 07 portions and out of which 65 plots were carved out. It is also an admitted position that Defendants No.1 to 7 are the legal heirs of deceased-Jahiruddin. It is also not in dispute that Defendants No.1 to 5 executed sale-deed for 32 Decimal = 13,939 sq.ft. to Defendant No.8. Prior to that the Defendants No.1 to 5 got their names mutated in the revenue record but respondents/plaintiffs filed an appeal and mutation in their favour was cancelled.