CHAMPALAL Vs. CHANDRA DEVI

JUDGEMENT

(1.) This second appeal under Section100 CPC is directed against the judgment and decree dated 14/9/2018 passed by the Addl. District Judge, Jodhpur (District) (first appellate court), whereby, the appeal filed by the appellant against the judgment and decree dated 14/12/2011 passed by the Civil Judge (Sr. Div.) Jodhpur (District) (trial court), whereby, the suit filed by the appellant- plaintiff for cancellation of sale deed and permanent injunction was rejected, has been dismissed.

(2.) The suit for cancellation of sale deed dated 18/12/1998 was filed by the plaintiffs on 13/7/1999 inter alia with the submissions that land comprised in khasra no. 620 ad measuring 56 bigha 10 biswa and khasra no. 576 ad measuring 79 bigha 18 biswa at village Kanodiya Purohitan belonged to Simartha, grandfather of plaintiff nos. 1 to 5. Simartha expired in Samvat Year 2014 and his only heir was his son Gena Ram. After the death of Simartha, the land remained in possession and cultivation of Gena Ram alone and after the death of Gena Ram, five sons of Gena Ram and Asu Ram came in possession. After the death of Asu Ram, plaintiff no.6, his wife along with plaintiffs are in cultivator possession. It was averred that defendant no. 2 - Bhanwara Ram's mother, Rupi Devi, was wife of Ramu Ram and Ramu Ram along with his father Anada Ram shifted to Jodhpur and died at a young age. After the death of Ramu Ram, Rupi Devi started living with Dula Ram Jat and is presently residing in his house at Jodhpur. Rupi Devi and Dula Ram live like husband and wife and from their cohabitation, defendant no.2 Bhanwara Ram was born and as such he is son of Dula Ram, however, as Dula Ram was in Government service, he got name of Ramu Ram indicated as father of Bhanwara Ram.

(3.) It was further averred that Bhanwara Ram, his mother and Rupa Ram never stayed at village Kanodiya Purohitan, he was not heir of Simartha and never cultivated the land, however in collusion with the employees of Revenue department and Sarpanch, after the death of Simartha, through mutation no. 149 in the revenue record, along with Gena Ram as legal representative of Simartha, name of defendant no.2 - Bhanwara Ram was also got entered.