KAMLA DEVI ALIAS LALI Vs. SOHAN LAL

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 26.03.2010 and by interlocutory orders passed during the trial dated 13.12.2007 and 23.02.2010, the Appellant has filed this Civil First Appeal.

(2.) It is the case of the Appellant that she is a bona fide purchaser of the property in dispute as she had purchased the property through a registered sale-deed dated 26.12.1985 from the erstwhile owner, Mr. Bhartendra Singh through his father and power of attorney holder Mr. Thakur Janak Singh. It is further her case is that while she had gone on pilgrimage between 27.12.1985 to 05.01.1986, Defendant No. 1, Sohan Lal, had forcefully entered into her property and have taken over its possession. She further claims that Sohan Lal had instituted a suit for declaring the sale-deed dated 26.12.2985 as void and for permanent injunction against the Appellant. However, the said suit was dismissed, vide judgment dated 02.04.1986.

(3.) In the present suit, notice were served on Defendant No. 1, Sohan Lal. However, he chose not to contest the suit. Therefore, ex-parte proceedings were initiated against him. On 08.08.2002, Defendant Nos. 2 and 3, Kuldeep Singh and Smt. Shaili Devi, filed an application under Order 1 Rule 10 Code of Civil Procedure for being impleaded in the suit. In the application, they claimed that vide sale deed dated 28.04.1997, they purchased the suit property from Sohan Lal. Since the said application was allowed by the learned Civil Court, they filed a written statement on 19.07.2005. In the written statement, they claimed that Sohan Lal purchased the said property from the registered owner and Sohan Lal had filed a suit for specific performance against the original owner, Thakur Jagat Singh. The said suit was decreed in favour of Sohan Lal, vide judgment and decree dated 15.03.1993. In execution of this judgment and decree, the Civil Court got registered the sale-deed in favour of Sohan Lal on 21.10.1993. Subsequently, through two separate sale-deeds, both dated 28.04.1997, Defendant Nos. 2 and 3 claimed that they purchased the property from Sohan Lal.