MAHENDER SINGH Vs. VIR BHAN AND ORS.

JUDGEMENT

(1.) The present appeal has been directed against the judgment and decree dated 15.06.2010 passed by the Additional District Judge, Bhiwani, accepting the appeal filed by respondent No. 1 and setting aside the judgment and decree dated 10.04.2007 passed by the Additional Civil Judge (Senior Division) Charkhi Dadri and as a consequence dismissing the suit filed by the appellant/plaintiff.

(2.) The facts relevant for disposal of the present appeal are that Sukhbir son of Sumitra -respondent No. 3 (minor) was owner in possession of land measuring 8 kanals, Khewat No. 137 Khatoni No. 206 as per jamabandi for the year 1993 -94. The land was mortgaged with possession for a sum of Rs. 72,000.00 in favour of Mahender son of Subha Chand. Smt. Sumitra, the next friend/guardian of the minor filed an application dated 17.01.1995 and obtained permission on 10.11.1995 to sell land of the minor. Respondent No. 3 accordingly sold 4 kanal of land comprised in killa No. 103/14 (8 -0), Khewat No. 137, Khatoni No. 206 in favour of Vir Bhan and Suraj Bhan sons of Sultan, for a sale consideration of Rs. 75,000.00 vide sale deed No. 419 dated 13.06.1996. Rs. 3,000.00/ - were paid in cash while Rs. 72,000.00 were adjusted towards mortgage money. Sukhbir executed a sale agreement in favour of the appellant qua 4 kanals of land falling in Killa No. 103/14, for a sale consideration of Rs. 85,000.00. Rs. 35,000.00 were paid in cash at the time of agreement and remaining Rs. 50,000.00 were agreed to be paid at the time of execution of sale deed on 15.07.1999. It was also agreed that respondent No. 3 shall get the land redeemed from mortgage by 15.06.1999. It is further averred that father of minor Sukhbir namely Jag Ram in collusion with respondents No. 1 and 2 moved an application on 19.09.1997 for permission to sell 16 kanals of land out of land measuring 57 kanals 7 marlas of khewat No. 140/157, Khatoni No. 205 which was granted on 29.01.1998. Respondents No. 1 and 2 fabricated factitious sale deed No. 1441 dated 03.09.1998 qua 4 kanals of land out of 8 kanals of khewat No. 137 khatoni No. 206 without any permission to sell that land, executed by Jag Ram. Sale deed No. 1441 is not binding on the rights of the appellant.

(3.) Respondent No. 1 filed the written statement and in turn denied the agreement to sell. It is averred that land in respect of which permission was taken, had already been sold before the sale deed was executed in favour of the appellant on 15.07.1999. The appellant has no right, title or interest in the suit land. He has further challenged maintainability of the suit, locus standi of the appellant to file the suit and the suit being not properly valued for the purpose of Court fee.