(1.) The Plaintiff-Appellant - Ram Karan has preferred this second appeal against the judgment and decree dated 31.7.2009 passed by Additional District Judge, Sonepat vide which he dismissed his appeal filed against the judgment and decree 27.3.2009 passed by Additional Civil Judge (Sr. Division), Sonepat, vide which he dismissed the suit of the Plaintiff for declaration to the effect that he was in joint possession of the land in dispute and that the sale deeds dated 13.11.1990 and 27.8.1993 executed by Rattan Singh and Raj Kumar - Defendant No. 1/Respondent No. 1 in favour of Hoshiar Singh and Balbir Singh - Defendants No. 2 and 3/Respondents No. 2 and 3 are null and void and have no effect on his 1/2 share in the land in dispute and also his suit for permanent injunction restraining, Defendants No. 2 and 3 from alienating any part of his share in the land in dispute.
(2.) The case of the Plaintiff, as pleaded in the plaint, is that he himself and Raj Kumar -Defendant No. 1 are the sons of Rattan Singh, who had one sister; named, Ram Piari. Rattan Singh and Ram Piari were the owners in equal shares in possession of the land in dispute, measuring 55 Kanals 8 Marias situated in the revenue estate of Village Barona, District Sonepat. Ram Piari transferred her 1/2 share in his favour and in favour of Defendant No. 1 by virtue of the decree passed in Civil Suit No. 18 dated 4.4.1978 and the mutation was also sanctioned in their favour. Thus, they became the owner in possession of % share each, alongwith their father Rattan Singh. Rattan Singh sold land in excess of his share to Defendants No. 2 and 3, vide sale deeds dated 27.4.1976, 14.6.1976, 4.1.1978, 13.11.1990 and 27.8.1993 as detailed in the plaint itself. He sold specific Killa numbers without getting the land partitioned and without their consent. Those sale deeds have no affect on his right in the suit land to the extent of his share.
(3.) The suit was contested by Defendants Nos. 2 and 3. In their written statement, they denied the contentions of the Plaintiff and inter alia pleaded that in fact sale deeds dated 13.11.1990 and 27.8.1993 in their favour were executed not only by Rattan Singh, but were executed also by Ram Karan Singh, Plaintiff and Defendant No. 1. After the execution of those sale deeds, the Plaintiff and his father - Rattan Singh, were not left with any share in the land in dispute and as such, the Plaintiff has no cause of action to file the suit. Moreover, they are bona fide purchasers for consideration. The decree dated 15.6.1978 was liable to be ignored, as the same was not according to the provisions of Registration Act, and as such is nonest in the eyes of law.