BANARSI DASS Vs. KAUR SAIN

JUDGEMENT

(1.) Banarsi Dass plaintiff -appellant has filed this appeal against the judgment and decree dated 16.3.1982 by which his appeal was dismissed and the judgment and decree dated 10.5.1979 of the trial court (dismissing the suit of the plaintiff -appellant) was upheld.

(2.) The plaintiff -appellant filed a suit for declaration that he and Om Parkash respondent (defendant No. 4) are the owners in possession of the suit land and consequently prayed for perpetual injunction restraining the defendants -respondents from effecting any transfer of the suit land or from disposing them forcibly. The plaintiff challenged mutation No. 11233 which was sanctioned on 26.7.1976 in favour of defendants Nos. 1 to 3 and further two sale deeds which were made by defendants Nos. 1 and 2 on 3.2.1977 in favour of defendants Nos. 5 to 9 on the basis of the aforesaid mutation sanctioned in their favour, stating that these two sale -deeds are inoperative qua the rights of the plaintiff and defendant No. 4.

(3.) Defendant No. 4 in his written statement, admitted the claim of the plaintiff in toto and explained the agreement of sale and the sale deed made by him in favour of Radha Krishan and stated that Radha Krishan got the sale deed registered in his favour by practising fraud on him by showing him owner of one -fifth share of the suit land while he was owner of half share of the suit land.