SATBIR Vs. KUNTI DEVI

JUDGEMENT

(1.) THE present Regular Second Appeal against judgment and decree dated 01.07.2014 passed by the Additional District Judge, Gurgaon whereby appeal against judgment and decree dated 27.07.2013 passed by the Civil Judge (Jr. Divn.), Gurgaon was dismissed.

(2.) FOR convenience sake, hereinafter, reference to the parties is being made as per their status in the Civil Suit.

(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiffs had filed suit for declaration with consequential relief of permanent injunction and mandatory injunction on the ground that they had purchased suit land from defendants No.4 to 9 and entire sale consideration was paid and physical possession of the land was taken. The sale deed was written on the stamp paper on 14.10.2005 and the same was entered in the register of the document writer but because of the closing of the working hours of the office of the SubRegistrar, the same could not be registered. Defendants No.4 to 9 assured the plaintiffs to get registered the same on the next working day and signatures of defendants No.4 to 9 were available on the said document. Later on defendants No.4 to 9 became dishonest and sold the suit land to defendants No.1 to 3. Defendants No.6, 8 and 9 sold the suit land to defendant No.2 by way of registered sale deed dated 08.06.2006 and defendant No.2 further sold the suit land to defendant No.1 vide registered sale deed dated 31.07.2006. So, the aforesaid sale deed in favour of defendants No.1 to 3 are null and void and not binding upon the plaintiffs.