PREM (DECEASED) Vs. SMT. UMAVATI

JUDGEMENT

(1.) By this judgment, Regular Second Appeal as well as CrossObjection filed therein shall stand disposed of.

(2.) This appeal has been filed by defendant No.1-Prem through his legal heirs. For convenience, the parties would be referred by their name. Prem executed a registered sale deed with respect to land measuring 17 kanals 11 marlas in favour of Smt. Umavati wife of Zile Singh. There was some typographical error in the aforesaid registered sale deed and hence supplementary deed was executed by Prem on 11.11981 acknowledging the first sale deed and giving details of corrected khasra numbers. Subhash son of Prem-defendant No.1, filed a suit for possession by way of superior right of pre-emption. Prem was impleaded as a party-defendant. Prem, defendant-appellant, of course now dead, admitted the execution of the sale deed. The suit filed by Subhash is Ex.PW10/B whereas written statement filed by Prem is Ex.PA/9. However, unfortunately the sale was not incorporated in the revenue record or the revenue record was not updated in accordance with the sale of land, which resulted into this litigation. Prem while taking the advantage of wrong entry, transferred the property in favour of his sons i.e. defendant Nos.2 to 6 by release deed dated 03.01.2003 and defendant Nos.2 to 6 further mortgaged the property in favour of defendant No.7 on the basis of the aforesaid wrong entries. The plaintiff-Umavati, the purchaser through a registered sale deed filed a suit seeking declaration that she is owner in possession of the property purchased i.e. 17 kanals and 11 marlas and the release deed as well as mortgage deed executed by defendant No.1 in favour of defendant Nos.2 to 6 are not binding on her rights. The plaintiff also prayed for decree of permanent injunction.

(3.) Defendant Nos.1 to 6 filed their joint written statement and apart from taking usual objections, contested the suit and pleaded that the sale is result of fraud as Prem wanted only to mortgage the land.