KRISHAN KANT Vs. RAJESH

JUDGEMENT

(1.) This revision petition under Section 115 CPC is directed against the order dated 12/9/2017 passed by the Addl. District Judge No.1, Nohar, District Hanumangarh, whereby, the application filed by the petitioner seeking dismissal of the appeal as abated has been rejected.

(2.) The plaintiff-respondent, Rajesh, filed a suit for declaration of title in relation to Abadi land in Rawatsar on the ground that the plot in question was owned by Natthu Ram. The said plot was purchased by the plaintiff on 16/5/1975, however, Natthu Ram got the lease deed issued in the name of defendant Panna Ram from Municipal Board, Rawatsar on 3/11/1989, which was ineffective, illegal and void. The defendant Panna Ram, based on the lease deed dated 3/11/1989, transferred the plot to defendant Krishna Kant by registered sale deed dated 6/11/1989. It was claimed that the two transfers, by Natthu Ram in favour of Panna Ram and by Panna Ram in favour of Krishna Kant, were ineffective & void qua the plaintiff, and a decree was sought from the trial court.

(3.) The suit was contested by Panna Ram claiming title and subsequent sale to Krishan Kant.