MOHANLAL Vs. HANUMAN SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 3/4/2019 passed by the Addl. District Judge, Jodhpur District, whereby, the suit filed by the plaintiffs for cancellation of sale deed dated 31/12/2009 and for injunction has been dismissed.

(2.) The suit was filed by the plaintiffs inter alia with the submissions that the land ad measuring 22 Bigha 7 Biswa is situated in village Pipar City, which was ancestral property of plaintiffs and defendant nos. 2 to 9; the land was earlier recorded in the name of Ram Sukh. After the death of Ram Sukh, by mutation no. 962, the same was recorded in the name of his three sons, Kanhaiya Lal, Har Narain and Heeral Lal; the plaintiffs and defendant no.3 are children of Kanhaiya Lal and defendant nos. 4 to 6 are grand children of Kanhaiya Lal, whereas, defendant nos. 7 and 8 are daughters of Kanhaiya Lal. It was claimed that the land recorded in the name of defendant no.2 - Kanhaiya Lal, their father, was jointly owned by the plaintiffs and defendant nos. 2 to 8 being ancestral and each had l/8th share; the property had not been partitioned and the defendant no. 2, their father, without consent from the plaintiffs and other co-tenants had transferred the entire land to defendant no.1, Hanuman Singh, on 31/12/2009, which transfer was void qua the plaintiffs and other defendants - co-tenants. It was prayed that the sale deed dated 31/12/2009 be partly cancelled to the extent of plaintiffs' share and they be not dispossessed from the land in question.

(3.) Written statement was filed by defendant no.1 disputing the averments made in the plaint. It was indicated that the disputed land was not joint, the defendant no.2 - Kanhaiya Lal has transferred his share to him. Father of defendant no.1, Heera Lal, is co-tenant of the land in question and that the transfer is for consideration and during the life time of Kanhaiya Lal his sons &daughters cannot seek partition and, therefore, the suit be dismissed.