RAJENDER Vs. RANDHIR

JUDGEMENT

(1.) Defendants are in second appeal against the judgment and decree of both the Courts below whereby suit of the plaintiffs was decreed and judgment and decree dated 13.12.1986 passed in Civil Suit No. 399 of 1986 titled as "Tara Chand and Ors. v. Asha Ram" was held to be illegal, null and void having been passed against the dead person and consequent mutation bearing No. 2441 dated 25.8.1987 sanctioned on the basis of the decree dated 13.12.1986 in favour of defendant No. 1 Mahinder Singh, Tara Singh father of Defendant No. 1 to 6 was also held to be illegal, null and void. Sale deed executed in favour of defendant Nos. 7, 8 & 9 and mutation No. 2776 dated 23.11.1996 sanctioned on the basis of sale deed in favour of defendants No. 7, 8 and 10 and the mutation of inheritance bearing No. 2794 dated 20.8.1997 sanctioned on the basis of decree dated 13.12.1986 including all other sale deeds, mutation having effect on the basis of said decree in favour of any other person was held to be illegal, null and void as defendant No. 1 Mahinder Singh and Tara Chand father of defendant Nos. 1 to 6 were not held to be competent to alienate the suit land. The defendants were also restrained from alienating or creating any charge over the suit land and the plaintiffs were held entitled to get the possession of the suit land from the defendants being the owners as the father of the plaintiffs, namely, Asha Ram was the owner in possession of the land measuring 58 kanal 14 marla as per Jamabandi for the year 1970-71 and accordingly the defendants were directed to handover the vacant physical possession of the suit land to the plaintiffs within a period of three months from the date of passing of the judgment and decree of the trial Court.

(2.) The plaintiffs case, in brief, is that the plaintiffs and defendants No. 12 to 15 are owners of agricultural land measuring 58 kanals 14 marlas situated within the Revenue Estate of Village Rajpur, Tehsil Gannaur, District Sonepat. Defendant No. 1 Tara Chand father of defendant Nos. 2 to 6 belongs to the same family being collaterals whereas Tara Chand is the brother-in-law of Asha Ram, who died about 30 years ago i.e. on 7.8.1965 but due to inadvertence, Asha Ram's name continued to appear in the Revenue record. Defendant No. 1 Tara Chand obtained a fraudulent decree in respect of the suit land by filing a Civil Suit No. 399 of 1986 against Asha Ram from the Court of Ms. Aruna Goel, the then Sub Judge, Sonepat on 13.12.1986 and on the basis of said decree got a mutation No. 2441 sanctioned on 25.8.1987. Later on defendants No. 13 filed a Civil Suit for declaration in the year 1986 but got it withdrawn in collusion with defendants No. 1 to 6 without the knowledge of the plaintiffs. The plaintiffs, when came to know about the impugned judgment decree dated 13.12.1986, which is allegedly obtained by defendants No. 1 and Tara Chand practicing fraud upon Asha Ram, who had already expired further sold the suit land measuring 8 kanals in favour of defendants No. 7 to 10 by virtue of illegal sale deed dated 30.10.1986 and sold 24 kanals of land out of suit land to defendant No. 11.

(3.) In the written statement, filed by defendant No. 1;, besides taking preliminary objections with regard to maintainability, locus standi, cause of action etc on the part of the plaintiffs was contested on merits that defendants No. 2 to 3 have become owners of the suit land pursuance to the decree dated 13.12.1986 and had legal right to execute the sale deed in respect of the land in question.