IQBAL CHHIPA Vs. LOON CHAND

JUDGEMENT

(1.) This revision petition is directed against the order dated 24.1.2019 passed by Senior Civil Judge, Didwana (Nagaur), whereby, the application filed by the petitioner under Order VII Rule 11 CPC has been rejected.

(2.) The suit was filed by respondent No.1 - plaintiff against the petitioner and three others for cancellation, declaration and injunction in respect of the suit property on 18.3.2017 inter alia seeking cancellation of sale deeds dated 11.6.2012 and 8.7.2013 and declaring them as null and void. The suit was filed with the averments that the plaintiff by registered sale deed dated 16.3.2012 purchased the land from Prabhudayal, since then he was in possession of the property. It was alleged that on 11.6.2012 defendant No.1 - Mohan Lal without any right, title and possession, transferred the same to defendant No.2 - Rafiq Chhipa. The said defendant No.1 - Mohan Lal had purchased the said land by registered sale deed from Daanmal, who in the year 1946 had transferred the same to his son Laxmi Narayan and, therefore, he could not have transferred the same all over again.

(3.) It was claimed that the defendants were aware of the transfer in favour of the plaintiff despite that on 11.6.2012, the transfer was executed, which is void ab initio. It was then averred that when the plaintiff came to know of the sale deed on 19.6.2012, he filed a suit for injunction alongwith an application for temporary injunction, wherein, on 13.2.2014 his application was allowed and injunction against dispossession was granted. However, during pendency of the said suit, defendant No.2 - Rafiq Chhipa transferred the property to defendant No.3 - Iqbal Chhipa by registered sale deed dated 8.7.2013 despite the fact that he had no possession and title to the suit property.