LAKHVINDRA KAUR Vs. GURUDWARA PRABANDHAK COMMITEE AND OTHERS

JUDGEMENT

(1.) Appellant/defendant is aggrieved by rejection of appeal preferred under Sec. 96 of Code of Civil Procedure (hereinafter referred to as 'CPC') vide judgment dated 12.05.2016 passed by Additional District Judge, Sheopur in Civil Suit No. 35-A/2015 whereby the judgment and decree dated 09.12.2009 pronounced by Civil Judge Class 1, Sheopur in Civil Suit No. 8A-/06 has been affirmed.

(2.) The subject matter of instant second appeal is the validity of the sale deed dated 23.1.1999 by which the land bearing survey No. 389/1 in village Premsar, District Sheopur has been conveyed in favour of appellant/defendant.

(3.) The facts leading to filing of instant appeal are that the respondents/plaintiffs resolved in the year 1979 to constitute a committee named as "Jai Sikh Samaj and Gurudwara Prabandhak Committee", Premsar and it was decided by the committee to construct a Gurudwara. In order to achieve such objective, the land in question was gifted by its owners namely Manjeet Singh & others vide registered deed dated 27.02.1980, in the name of Gurudwara Prabandhak Samitti, in which the name of defendant-Santosh Singh is reflecting as a manager of the said committee. It is further born out from the record that from 201.1999, defendant No.1-Santosh Singh executed a sale deed to transfer the land in question in favour of his wife/appellant. The committee upon gathering knowledge about such transfer of land, passed a resolution on 25.08.2002 and authorised the plaintiffs to file a suit seeking declaration that the sale deed dated 21.01.1999, is null and void with consequential reliefs of permanent injunction and possession.