RAVINDER AND ANOTHER Vs. ANOOP AND OTHERS

JUDGEMENT

(1.) Present appeal has been filed against the judgement and decree dated 05.03.2012 passed by the learned Civil Judge (Jr. Division), Bhiwani, whereby the suit filed by the appellant-plaintiff has been dismissed as well as judgement and decree dated 23.11.2015, passed by the learned Additional District Judge, Bhiwani, whereby their appeal has also been dismissed.

(2.) Brief facts necessary for the adjudication of the case are that the plaintiffs filed a suit for declaration to the effect that they are joint owners in possession of the suit land as described in the plaint and that sale deeds no. 35, 36 dated 09.04.2004 and sale deed No. 7 dated 06.04.2005, sale deed nos. 749, 752, 753 as well as release deeds No.754 dated 26.08.2003 and 735 dated 30.06.2004 are illegal, null void and not binding on the rights of the plaintiffs in any manner. It was pleaded that the property in question belonged to one Jaisa Mal, who had three sons namely Hari Chand, Bhagwan Dass, Arjan Dass and three daughters namely Bhagwani Bai, Shanti Devi and Yashoda Devi. Jaisa Mal had transferred his share in the land measuring 508 Kanal 15 Marlas in favour of Hari Chand (i.e. husband of plaintiff no.1-Shanti Devi and father of the other plaintiffs) and Bhagwan Dass which is reflected in mutation no. 3812 dated 29.01.1955. Hari Chand was averred to be working with the Indian Railways and was posted at Rewari. Hari Chand along with all his family members resided at Rewari since 1955 till the death of Hari Chand in the suit property on 19.06.2000. Appellant no.1-Ravinder along with his mother went to Bhawani Khera in February 2005 in order to sell the share of Hari Chand as they were in need of money for the marrige of their daughter/sister. It then came to the light that share of Hari Chand was illegally got transferred by Arjan Dass vide mutation no. 3948 dated 14.11955 on the pretext that Hari Chand was wrongly mentioned as successor of Jaisa Mal in the earlier mutation and it was in-fact Bhagwan Dass and Arjan Dass who were the sons of Jaisa Ma and name of Arjan Dass should have been incorporated instead of Hari Chand. Mutation No. 3948 Ex.P2/A was thus sanctioned. Thereafter, land was sold in quick succession by Arjan Dass. Bhagwan Dass also sold part of the land. Bhagwan Dass and Arjan Dass further got the land partitioned mutually as reflected in mutation no. 2115 whereby Arjan Dass got 225 kanals 18 marlas of land and Bhagwan Dass got 212 kanals 13 marlas of land. 70 Kanals 4 Marlas of land stood sold by Arjan Dass and Bhagwan Dass. It was pleaded that although Arjan Dass was excluded by Jaisa Mal from the property, but it was agreed that the land would be shared equally amongst the three brothers. Transfer of land by Arjan Dass did not come to the notice of Hari Chand and the plaintiffs as there was no occasion to doubt their intentions. It was pleaded that Bhagwan Dass and Arjan Dass predecessors-in-interest of defendants no.1 to 11 could have sold land upto 169 Kanal 10 Marlas only, being their share of the property, but sale of land in excess thereof could not be binding on the rights of the plaintiffs. Release deed no. 754 dated 26.08.2003 by Arjan Dass in favour of his sons i.e. defendants no.1 to 4 as well as release deed no. 30.06.2004 by Surinder kumar in favour of his wife are illegal, null and void. It is further averred that the land in question was sold and transferred only to defeat the rights of the plaintiffs. Despite request, defendants refused to admit the claim of the plaintiffs. Hence the present suit was filed.

(3.) Written statement was filed by defendants no.1, 2 and 4 while taking various preliminary objections and controverting the facts and averments on merits. Said defendants took a stand that predecessorin-interest of the plaintiff-Hari Chand was not the son of Jaisa Mal. Jaisa Mal married Lachhmi Bai in Pakistan. Lachhmi Bai had a sister namely Maya Devi, who along with her husband died in accident in Pakistan. Hari Chand was the son of Maya Devi i.e. sister of Lachhmi Bai. He was brought up by Lachhmi Bai and Hari Chand and was in-fact a 'gailar'. Jaisa Mal died during the disturbances at the time of partition. Jaisa Mall's legal heirs i.e. his two sons and three daughters were born in Pakistan. Hari Chand was not the son of Jaisa Mal or Lachhmi Bai.