USHA DEVI Vs. GOMATI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 27/11/2024 (Annexure P-1) passed by the learned Civil Judge (Junior Division), Jalandhar whereby an application filed by the petitioners (defendants No.5 and 6) for leading additional evidence was dismissed.

(2.) Brief facts may be noticed. Plaintiff-respondent No.1 herein filed a suit for declaration making the following prayers : 'Suit for declaration to this effect that the plaintiff is owner in joint possession over the property bearing Plot No.51 situated at Sadhu Singh Colony, Village Kingra, Tehsil & District Jalandhar, out of which 3 Marlas measuring 18 Ft. x 56 Ft. 6 Inch bounded as:- East: Road West: Road North: Plot No.50 South: Remaining portion of plot No.51. shown as red in the site plan attached bearing Hadbast No.301, Khewat Khatauni No.409/445, 410/446, Khasra No.787/2, 788, 819/1, 819/4, 820/1, 820/4, 822/1, 822/4, 823/2, 825/1, 1487/826/2, 790/1, 791/1, 820/3 and one house bearing No.45, Ward No.6, Naya Gaon, District Shatarpur, Madhya Pradesh. AND The alleged sale deed executed by defendant No.1 in favour of defendant No.5 dtd. 18/7/2016 is null and void inoperative without consideration and not binding upon the rights of the plaintiff and is liable to be set aside along with the mutation sanctioned on the strength of the above said sale deed. AND The mutation of inheritance sanctioned in favour of defendant No.1 of inheritance Chikori Ram deceased is null and void inoperative on the back of the plaintiff and for declaration that the alleged Will alleged to be executed by Chikori Ram deceased in favour of defendant No.1. AND For permanent injunction restraining the defendants from selling, alienating and creating charge over the property. AND Suit for declaration that the alleged sale deed alleged to be executed by defendant No.1 in favour of defendant No.6 is null and void, inoperative without completion and is not binding upon the rights of the plaintiff and the mutation sanctioned in favour of the plaintiff is liable to be set aside.'

(3.) On the basis of the pleadings of the parties, the following issues were framed on 1/2/2019 :