VIJAY KUMAR Vs. BIRBAL DASS AND OTHERS

JUDGEMENT

(1.) C. M. No. 8684-C of 2012

(2.) Almost undisputed facts are that Sukhdarshan Pal son of defendant no.4 Kaur Sain sold the suit property to Mohan Lal vide sale deed dated 05.10.1988. Mohan Lal sold the same to plaintiff's father Amar Nath vide sale deed dated 19.04.1990. On the other hand, defendant no.4 sold the suit property to defendants no.1 to 3 vide sale deed dated 23.05.1991.

(3.) Plaintiff's case is that defendant no.4 and his son Sukhdarshan Pal, by moving application Annexure P-1 (Ex.P-2) to Municipal Committee, affirmed that Sukhdarshan Pal was owner of the suit property and had sold the same to Mohan Lal vide sale deed 05.10.1988. Amar Nath, after purchasing the suit property from Mohan Lal, rented it out to Puran Chand. However, defendants no.1 to 3, through their father and guardian, dispossessed the heirs of Puran Chand (since deceased) from the suit property forcibly and illegally. Defendants no.1 to 3 also filed injunction suit against plaintiff and his father. The said suit was decreed. On the death of Amar Nath, plaintiff inherited the suit property on the basis of Will dated 07.08.1996. Plaintiff thus alleged that defendants no.1 to 3 are in illegal and unauthorized possession of the suit property. Plaintiff therefore claimed relief of possession of the suit property by declaring the sale deed dated 23.05.1991 by defendant no.4 in favour of defendants no.1 to 3 regarding the suit property as illegal, null and void etc. and plaintiff is entitled to get the municipal entries corrected in his favour. Injunction restraining defendants no.1 to 3 from alienating any part of the suit property was also claimed.