JAGDISH Vs. VAIKUNTHI

JUDGEMENT

(1.) The appellants/defendants have filed this appeal under Order 43 Rule 1(u) of CPC challenging the judgment and decree dtd. 14/08/2014 passed by Additional District Judge, Ambah District Morena in Civil Appeal No.3A/2014, whereby the appeal filed by the plaintiff has been allowed, and while allowing the application under Order 41 Rule 27 of the CPC, the judgment and decree dtd. 20/12/2013 passed by the learned trial Court has been set aside, and the matter has been remanded for fresh decision.

(2.) The exposition of facts giving rise to this appeal, in a nutshell, is that a suit for declaration and permanent injunction was filed by the plaintiff/respondent No.1 - Vaikunthi against the appellants and respondent No.2 in respect of agricultural land bearing Survey No.355, admeasuring 0.62 hectare, situated at Village Sathi, Tehsil Porsa, District Morena, with the pleadings that she is the bhumi swami and is in possession of the suit land. It was pleaded that Jagdish is the son-in-law of the plaintiff/respondent No.1. The face of plaintiff/respondent No.1 resembles with Smt. Shankaria, wife of appellant No.1 - Jagidsh. It was alleged that the appellants got executed the registered sale deed of the suit land in their names by presenting Smt. Shankaria, wife of appellant No.1, as Vaikunthi, the plaintiff/respondent No.1. The appellants got the sale deed executed in their favour by committing fraud; therefore, the sale deed is null and void. It was further alleged that, on the strength of this sale deed, the appellants are trying to get their names mutated in the revenue records and to encroach upon the suit land. Upon these pleadings, she sought declaration of title and permanent injunction against defendants Jagdish and Harilal.

(3.) The appellants/defendants were proceeded ex parte before the Trial Court.