SUKH RAM Vs. SARASVATI DEVI

JUDGEMENT

(1.) THIS is defendant's appeal and has been directed against the judgment and decree dated 10.11.1998 passed by Addl. District Judge, Sirsa, who affirmed the judgment and decree dated 11.10.1995 passed by Senior Sub Judge, Sirsa, who decreed the suit of the plaintiffs for declaration as prayed for.

(2.) THE brief facts of the case are that plaintiffs filed a suit for declaration that the sale deeds dated 15.3.1983 and 17.3.1983 are illegal, null and void and have no binding effect on the rights of the plaintiffs. The case set up by the plaintiffs in the trial court was that the land measuring 1 kanal 15 marlas comprised in khasra No. 233/5/1 situated in village Ellenabad was initially owned by Kishan Lal, Rameshwar Dass and Jai Narain and predecessor-in-interest of the plaintiffs and proforma defendants No. 4 to 8. There was a litigation between he aforesaid persons which was the subject matter of civil suit No. 118 of 1970. In that suit the parties arrived at a compromise and vide judgment and decree dated 2.4.1970 the plaintiffs were declared owners in possession of the suit land while Rameshwar Dass and Kishan comprised in khasra No. 233/4/2 located in village Ellenabad. The grouse of the plaintiffs is that in spite of the fact that Kishan Lal was not the owner of the land in dispute, still he sold the property to Prem Parkash, who further sold the property to Sukh Ram. It was also the case of the plaintiffs that no body could pass a better title than that to his vendee. Since Kishan Lal ceased to be the owner of the land in question since 1970, therefore, he could not pass a better title to his vednee who in-turn could not pass a better title to his vendee Sukh Ram.

(3.) FROM the above pleadings of the parties, the learned trial Court framed the following issues :-