BHANWAR LAL Vs. LRS OF JAWARI LAL

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 8/1/2019 passed by Addl. District Judge, Jaitaran, District Pali, whereby, the appeal filed by the respondents against the order dated 12/10/2011 passed by the Civil Judge (Sr. Div.), Jaitaran has been allowed and the suit, which was dismissed by the trial court as abated, has been restored.

(2.) The suit was filed by the six plainitffs including one Parasmal for cancellation of sale deed and permanent injunction inter alia with the submissions that one Oswalo-ka-chowk was situated at Pipalian Kalan, which was being used by the plaintiffs from time immemorial and the same was not owned by any one person. It was claimed that defendant Shanti Lal was not owner of the land in question, however, defendant Bhanwar Lal stated that he has purchased the said Chowk from Shanti Lal on 5/1/1998 by registered sale deed and that he would raise construction. It was claimed that for the first time on obtaining certified copy of the sale deed, the plaintiffs became aware of the said sale. It was averred that defendant Shanti Lal has no right to transfer the land of Chowk, he was never in possession and, therefore, the sale deed was liable to be cancelled.

(3.) It was further alleged that the defendant no.2 was seeking to raise construction and, therefore, he be restrained from raising any construction on the land of Chowk.