RAMESHWAR PRASAD AND ANOTHER Vs. HARINARAIN AND OTHERS

JUDGEMENT

(1.) By the Court:-

(2.) This is defendant's second appeal filed against judgment and decree dated 06.04.1984 passed by learned Additional District Judge, Dausa, whereby it confirmed judgment and decree dated 12.05.1978 of learned Munsiff, Dausa, who decreed the suit of plaintiffs and declared the sale-deed dated 11.01.1972, which was in favour of defendant no.1, as ineffective against plaintiff and further issued an injunction restraining defendants from interfering with possession and use of disputed property.

(3.) Seven plaintiffs, who were all sons and daughters of deceased Rampratap, filed aforesaid suit on 10.05.1972, inter-alia, with pleading that their father Rampratap had purchased a house situated in Mohallah Agarikawala of Laslot, from one Balabux, the father of defendants no.1 and 2 Jagdish Prasad and Rameshwar Prasad, by sale-deed dated 10.12.1942. When defendants no.1 and 2 pressurized the plaintiffs to resale the house to them, the plaintiffs denied. With a view to grabbing the house, those defendants behind the back of plaintiffs executed a sale-deed and got the same registered in favour of defendant no.3 Ramgopal on 11.01.1972. Defendant no.3 wanted to forcibly take possession of the house which was resisted by the plaintiff's family. Hence the suit was filed praying for aforesaid declaration and injunction.