MOHAN LAL @ RAMESH MOHAN Vs. GOPAL

JUDGEMENT

(1.) C.M.No.7256-C of 2015 Allowed as prayed for.

(2.) The appellant-plaintiff sought the declaration that sale deed dtd. 13/2/1980 had not binding effect on the ownership rights on the premise that Ram Piari widow of Dalu Ram, Jiwan Dass, Lakhmi Chand and Ram Sarup sons of Dalu Ram, were the owners of suit land. Ram Sarup expired and defendant no.7 was his widow. Defendant no.8 and his sons had admitted the plaintiff as owner and also obtained the sanction of mutation in his favour. They had been in possession of the suit land as owners whereas defendants no.5 to 8 and Dalu Ram had no right which was extinguished as the plaintiff had become the owner by way of adverse possession. This fact was in the full knowledge of the defendants no.1 to 7 and as well as Ram Piari. Defendants no.1 to 5 in connivance with defendants no.6 and 7 and Ram Piari vide sale deed dtd. 13/2/1980 without any authority sold the land and therefore, it did not have binding on the ownership rights and thus, sought the ownership being co-sharer to the extent of share of Jiwan Dass by claiming the pre-emption of sale deed on deposit of - price.

(3.) The defendants opposed the suit and denied the status of the plaintiff as co-owner and stated that suit in affirmative was not maintainable.