VIJAY NARAYAN SHRIVASTAVA Vs. RAMSWAROOP SINGH

JUDGEMENT

(1.) Heard Plaintiff-appellant has filed this appeal under section 96, CPC against the judgment and decree dated 30/1/2003 passed in Civil Suit No. 16-A/2002 by XII Additional District Judge, (Fast Track Court) Gwalior.

(2.) Plaintiff filed a suit for declaration, recovery of possession and permanent injunction. He pleaded that he is owner of a Patore along with open land, having an area of 1500 sq. feet, situated at village Jaderua Kalan, Morar, Tahsil and District Gwalior, Ward No. 24. He further pleaded that respondent No. 2 sold the aforesaid land in favour of plaintiff vide registered sale-deed dated 11.6.1999. He further pleaded that defendant No. 1 filed a suit against defendants No. 2 to 5 for declaration and permanent injunction. The aforesaid suit was registered as Civil Suit No. 5 A/97. Defendant No. 2 and 3 did not appear before the Court and Court proceeded exparte against them. Defendant No. 4 and 5 appeared before the Court, however, they did not disclose the fact that the suit land had been sold vide registered sale-deed dated 4.7.1997 in favour of defendant No.2 and, thereafter, the Court passed the judgment and decree on 24.12.1998. The plaintiff came to know about the aforesaid fact on 24.12.1998, hence he filed the present suit for declaring the judgments and decree as void. He further pleaded that the plaintiff is also entitled to receive possession of the suit property.

(3.) The defendant No. 1 denied the pleadings of the plaint. Defendant No. 2 admitted the fact that the plaintiff is owner of a land having area 30 feet x 50 feet however, defendant No. 2 further pleaded that the suit land is of the ownership of defendant No. 1. Defendants No. 4 and 5 denied the pleadings and opposed the claim.