BUDHLAL Vs. STATE

JUDGEMENT

(1.) THIS is the plaintiff's appeal against the appellate judgment & decree of the learned Dist. Judge, Alwar, and arises under the following circumstances: -

(2.) BUDHALAL plaintiff filed a suit in the court of the Munsif Alwar for a declaration that the sale deed dated 24th January, 1946 executed by the Government of Alwar in favour of Bhonralal defendant, No. 2, for a sum of Rs. 100/- be declared void and ineffective as against the plaintiff. The sale deed related to the property marked in the sketch attached to the plaint with red colour and numbered 1, 2 & 3 in red pencil. The plaintiff's case is that the property sold had belonged to one Giyasi Ram, Giyasi Ram died heirless and his property was escheated to Alwar Durbar and came into possession of the Nazool Department of Alwar State. The ground floor of plot No. 1 was sold to the plaintiff through patta dated 19th March, 1913. The first floor over the plots Nos. 2 & 3 had been mortgaged by Giyasi Ram in favour of Jivraj & Kherati through patta dated the 17th March, 1875. Jivraj and Kherati died leaving Mst. Gulab, defendant No. 3, pro forma, as their heir The Alwar Government on the 24th January 1946, in contravention of the Nazool Rubs, sold the ground floor No. 1 and the building standing on the plots Nos. 2 & 3 to Bhonrelal, defendant No. 2. The plaintiff, therefore, had a right to have the sale deed declared void against him because the property was sold by private negotiations to Bhonrelal who was not the only person, whom the said property was suitable.