JASWANT AND OTHERS Vs. SUPYAR DEVI AND OTHERS

JUDGEMENT

(1.) THIS order will dispose of both the aforementioned appeals.

(2.) THE present regular second appeals have been filed against judgment and decree dated 25.2.2011, passed by learned Additional District Judge, Rewari, vide which appeal filed by present appellants -defendants against judgment and decree dated 3.4.2010 passed by learned Additional Civil Judge (Senior Division), Rewari, vide which suit filed by respondents plaintiffs was partly allowed, was dismissed and, however, appeal filed against the said judgment and decree by respondents -plaintiffs was allowed.

(3.) ADMITTED facts are that respondent -defendant No. 7 -Rao Abhey Singh was a big land owner. Out of total land of 1171 acres of land owned and possessed by him, an area measuring 1111 acres of land was declared as surplus vide order dated 1.1.1960 passed by Collector, Rewari, Ex.P11. There is no dispute that the land in dispute formed part of such land belonging to Rao Abhey Singh, which was declared surplus vide order dated 1.1.1960, Ex.P11. The said order was not challenged and the same has become final. Mutation No. 150, Ex.P20, was also sanctioned in favour of Haryana Government in this regard, which includes khasra number in dispute. However, in violation of the said order, respondent -defendant No. 7 is stated to have executed sale deed dated 7.7.1966, Ex.D1 regarding land in dispute in favour of present appellants -defendants No. 1 to 6. The said sale deed is an unregistered document. Hence, it has been rightly observed by learned first appellate Court that no reliance can be placed upon the said document in view of bar created under Section 49 of the Registration Act, 1908. Moreover, even execution of sale deed, Ex.D1 has not been proved by present appellants -defendants No. 1 to 6. Hence, it has been rightly observed that no benefit under the said sale deed can be granted to present appellants -defendants No. 1 to 6.