KAMLA DEVI Vs. KAMLA RANI

JUDGEMENT

(1.) This judgment shall dispose of RSA-1038-2021, CR-2884-2021 and CR-2886-2021, respectively. The Regular Second Appeal and the Revision Petitions are connected and the learned counsel representing the appellant/petitioner is also common.

(2.) At the outset, it is important to acknowledge that the First Appellate Court has written a comprehensive and exhaustive judgment while reversing the judgment and decree passed by the trial Court. This Court appreciates the efforts put in by the Presiding Judge.

(3.) On the one side, there is might of a police official (appellant No.2), whereas, on the other side, there are two gullible ladies (respondents) who do not appear to be much educated. The police official (appellant no.2) has got registered a sale deed from the respondents by practicing deception and misrepresentation upon them. The aforesaid two ladies (who are plaintiffs in the trial Court) have filed a suit for declaration, possession and permanent injunction claiming that the sale deed dtd. 24/3/2006, is illegal, ineffective, null and void, being a result of fraud and therefore, does not effect their legal rights in the suit property. In fact, the plaintiffs were required to file a suit for annulment of the sale deed, however, it is a mere irregularity of technical nature which should be ignored. Hence, the Court proceeds to do substantive justice which is the primary responsibility of the Courts. Some facts are required to be noticed.