CHANAN SINGH Vs. SANT SINGH

JUDGEMENT

(1.) Application is allowed as prayed for. Reply filed on behalf of respondent No.1 is taken on record. Registry to tag the same at appropriate place. Main case

(2.) By way of present revision petition, challenge has been made to an order dtd. 3/10/2022 passed by the court of Additional Civil Judge (Senior Division), Samana, whereby an application dtd. 3/9/2022, filed at the instance of petitioner-plaintiff, seeking re-framing/claiming of specific issues on the point of validity of the sale deeds in question, has been declined.

(3.) Facts leading to the present case are that respondent No.1 filed a civil suit for possession against the petitioner, based on sale deed dtd. 13/12/2010 (this shall be referred to as'Ist suit'). In the plaint, it was stated that the sale deed dtd. 13/12/2010 was executed in favour of respondent No.1 by respondents No.2 and 3 based on their two sale deeds dtd. 1/9/2010 (vasika Nos.2104 and 2105). It was further stated that respondents No.2 and 3 purchased the suit property by virtue of sale deed dtd. 1/9/2010 from the petitioner. In the written statement, petitioner took up the plea of fraud stating that the sale deed dtd. 1/9/2010 was got executed in favour of respondents No.2 and 3 fraudulently and was also bad for want of sale consideration. Issues in the Ist suit were framed on 27/5/2015. Relevant issue No.1 is reproduced hereunder for reference:-