NEERAJ AND ORS. Vs. RAJ KUMARI AND ORS.

JUDGEMENT

(1.) THE appellants are the defendants and have lost in both the courts below and have thus preferred the present appeal before this court. The brief facts, as necessary for the disposal of the present appeal, are that plaintiff -respondents filed a suit against the defendants - appellants on the grounds that defendant No. 3 was owner of 19/80 shares of land comprising khasra No. 2, Khata Khatauni No. 335/449 and 1/4th share of land comprising khasra No. 3, 2140/4, khata khatauni No. 334/448 situate in Phati Kotla Kothi Bunga, Tehsil Banjar, District Kullu. On 25.9.1987, defendant No. 3 sold a share of land to the plaintiffs for Rs. 10,000/ - by way of registered sale deed and also delivered possession to the plaintiffs. The plaintiffs effected improvements over the suit land by raising orchard and some construction. It is alleged that defendants No. 1 and 2 got a fictitious sale deed in their favour allegedly executed by defendant No. 3 and even got effected mutation in their favour. It is alleged that sale deed subsequently got registered on 7.1.2000 in favour of defendants No. 1 and 2 did not convey any right, title or interest to defendants No. 1 and 2 and even mutation No. 1496 dated 17.1.2000 was null and void. Hence, the suit for declaration and permanent injunction.

(2.) THE defendants No. 1 and 2 filed a joint written statement, wherein they took preliminary objections regarding limitation, maintainability, estoppel, valuation of the suit for the purpose of court fee and jurisdiction, suppression of material facts by the plaintiffs and defendants being bona fide purchasers for valid consideration. On merits, it was averred that the sale deed dated 25.9.1987 in favour of plaintiffs - respondents was no sale in the eyes of law, as it was never executed and never acted upon. It was further averred that possession was never delivered to the plaintiffs and therefore, the plaintiffs were having no right, title or interest in the suit land. The defendant No. 3 had legally and validly executed the sale deed dated 7.1.2000 in favour of defendants No. 1 and 2 for a consideration of Rs. 13,000/ - and on the basis of such sale deed mutation No. 1496 had been rightly sanctioned in favour of the defendants - appellants No. 1 and 2. It was further averred that possession of the suit land was with the defendants No. 1 and 2, consequently there was no occasion to interfere in the possession of the defendants. As a result, the defendants - appellants prayed for dismissal of the suit.

(3.) REPLICATIONS were filed by the plaintiffs to the written statements filed by the defendants, wherein all the preliminary objections taken in the written statements, were denied and further they reasserted the pleadings already made in the plaint.