KANHAIYALAL Vs. TEEKARAM & OTHERS

JUDGEMENT

(1.) The petitioner-plaintiff has filed this petition against the order dated 19.01.2013 (Annexure- P/7) and the order dated 30.01.2013 (Annexure- P/9).

(2.) The petitioner-plaintiff filed a suit for declaration and permanent injunction which was registered as Civil Suit No.73-A/2008. The petitioner-plaintiff pleaded that he is owner of the suit property mentioned in the plaint. On 20.05.1971 some imposters executed a registered sale deed of the land in favour of defendants No.1 & 2. The aforesaid sale deed was void ab initio. Thereafter, some portion of the land was registered in the name of defendants No.3 to 6 in the year 1990-91 and that alienation of the suit property was illegal.

(3.) The petitioner-plaintiff came to know about the aforesaid fact in the year of 2007 when the names of the defendants were recorded as owner of the land. The defendant No.5 and defendants No. 1 to 4 & 6 in their written statement denied the pleadings of the petitioner- plaintiff. The defendant No.8 filed separate written statement. He also denied the pleadings of the petitioner-plaintiff. The defendants pleaded that the petitioner-plaintiff sold the suit land vide sale deed dated 20.05.1971 and he filed the suit after a period of near about 37 years, hence, the suit is not maintainable. It is further pleaded by the defendants that the petitioner-plaintiff did not pay the court fee.