SHANTI DEVI Vs. URBAN DEVELOPMENT TRUST

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 27.02.2013 passed by Civil Judge Senior Division No.3, Bikaner, and judgment and decree dated 20.02.2019 passed by Additional District Judge No.1, Bikaner, whereby, the suit and appeal filed by the appellant have been dismissed, respectively.

(2.) The suit was filed by the appellant plaintiff for permanent injunction against respondent Urban Improvement Trust and one Mr. Tara Chand and Smt. Sunita for restraining the Urban Improvement Trust from issuing lease deed in favour of defendants No.3 and 4. It was inter alia claimed in the suit that land comprising in Khasra No. 178 was in possession of plaintiff's husband, wherein, a house was constructed and he started living therein and the first wife of plaintiff's husband died in the year July 1991, thereafter, the plaintiff contracted marriage in January 1992, her husband expired in May 1998 and she continued to remain in possession. It was claimed that Urban Improvement Trust issued the notice on 10.01.2001 for conversion of agricultural land and for regularization, for which, application was filed and based on which, on 30.03.2001, lease deed was issued to the plaintiff and the same was registered on the same date.

(3.) It was also claimed that the defendants No.3 and 4 got a sale deed of the land executed in their favour from one Nand Kishore, who has no right in the property and that the defendants 3 and 4 got issued a lease deed in their favour, which was void. It was claimed that the said document was got executed to deprive the plaintiff of her right in the leased property and, therefore, the injunction was sought against the Urban Improvement Trust from issuing lease deed in favour of defendants No.3 and 4.