AJIT SINGH Vs. PAWNA THAKUR AND ORS.

JUDGEMENT

(1.) THE plaintiffs -respondents No. 1 and 2 filed a suit for declaration that they were the sole legal -heirs of deceased Sita Ram and were entitled to 1/3rd share in the land and joint co -owners with the appellant and proforma respondent No. 7(defendants No. 1 and 2 below) and the sale deed No. 1605 dated 22.09.2004 was executed by defendant No. 1 in favour of respondent No. 2 on the basis of an invalid, forged and void General Power of Attorney dated 16.04.1970 and subsequent mutation No. 2503 dated 24.09.2004 attested on the basis of the said sale deed is wrong, illegal, null and void and 'benami' transaction having no effect on the right, title and interest of the plaintiffs with consequential relief of joint possession. It was further alleged that the plaintiffs had been deprived of the legal right by the defendant No. 1, who fraudulently conveyed the sale deed in favour of his other son i.e. appellant herein after conniving with each other while the husband of the plaintiff -respondent No. 1 was on a death bed.

(2.) THE suit was contested by the defendants wherein preliminary objections regarding maintainability, locus -standi, cause of action, estoppel, valuation and the suit being hit by the provisions of Section 10 of CPC were raised. On merits, the sale was justified because it was the deceased Sita Ram, who expressed his intention to sell the property because he was in need of money and it was the appellant herein, who agreed to purchase the same. Accordingly, the property was sold for a consideration of Rs. 8,00,000/ - on the basis of a valid General Power of Attorney executed by Sita Ram, the husband of respondent No. 1 in favour of his father late Shri Tulsi Ram.

(3.) NO replication was filed by the plaintiffs. On 28.11.2011, the learned trial Court framed the following issues: - -