GURBUX SINGH DHANOHA Vs. RATAN SINGH DHANOHA

JUDGEMENT

(1.) ARUN Mishra, J. This First Appeal has been preferred by the plaintiffs aggrieved by judgment and decree dated. 19-7-2004 passed by the 6th Additional District judge, Jabalpur, in Civil Suit No. 23-A/2004.

(2.) PLAINTIFFS/appellants filed a suit for declaration, partition and possession. It was prayed that the sale-deed executed by Smt. Harjinder Kaur chukkal in favour of Shri Harendrajeet Singh Babbu; defendant No. 2 on 3-10-1998 be declared to be null and void to the extent of 2/3rd share of the plaintiffs. Partition has also been prayed. Further Prayer has been made to handover the peaceful and vacant possession of respective share of the suit property. Permanent injunction has been sought against the defendant No. 2 not to sell, alienate the suit property or raise any construction.

(3.) THE plaintiffs have averred in the plaint that they are the owner of the land and house situated at village Maheshpur, N. B. No. 662, Ward No. 30, Madan Mahal, Jabalpur, Plot No. 93, admeasuring 37. 05 feet x95 feet, total 3562 sq. ft. The aforesaid plot was purchased on 28-3-1969 by them for consideration of Rs. 8966. 25. Since then they are in possession of the suit property as owner. Their names were mutated in the Government record. A house was constructed after obtaining sanction from the Municipal Corporation, Jabalpur on part of the land. House was numbered as 1270-A, Madan Mahal Ward, jabalpur. The house and open land perinent to it is owned by the plaintiffs and defendant No. 1 in equal share i. e. , l/3rd each. Defendant No. 1, Ratan Singh dhanoha had given a power of attorney to his sister-in-law namely; Smt. Harjinder Kaur Chukkal on his behalf. On the basis of that power of attorney, smt. Harjinder Kaur Chukkal has sold the house to the defendant No. 2; Shri harendrajeet Singh Babbu. Plaintiffs were not present at the time of purchase and execution of sale-deed at Jabalpur in India. They are residents of Canada. They are in Canada. Some impostors were put instead of plaintiffs. They have not signed and executed the sale-deed which has been executed by Smt. Harjinder Kaur Chukkal. She was not empowered to sell the suit house on behalf of the plaintiff. Smt. Harjinder Kaur Chukkal is the sister-in- law of the plaintiffs brother and very-well knows the plaintiffs. Serious kind of fraud has been played while executing the sale- deed in favour of defendant No. 2. SAle-deed is null and void as the plaintiffs have never executed the sale-deed. Smt. Harjinder kaur Chukkal. She was not competent to execute the sale-deed of entire house. She could only sell undivided share of Shri Ratan Singh Dhanoha; defendant no. 1 i. e. , the l/3rd share. Both the defendants have colluded and executed the sale-deed in connivance to usurp the property of the plaintiffs.