BHARAT RAJ Vs. HAWA SINGH

JUDGEMENT

(1.) This civil Misc. Appeal has been filed by appellantdefendant No. 1-non applicant (for short, 'the non applicant') against the order dtd. 28/8/2017 passed by the Additional District Judge, Khetri, District Jhunjhunu (for short, 'the trial court') in Civil Misc. Case No. 9/2014 wherein the temporary injunction filed by the respondents-plaintiffs-applicants (for short, 'the applicants') has been allowed.

(2.) Facts of the case are that the applicants filed a suit against the defendants. Alongwith the suit, an application for temporary injunction was also filed wherein it was averred that Madho Singh had a joint Hindu family. From Madho Singh four sons namely Harlal Singh, Sedu Singh, Gugan Singh and Prahlad Singh born. Madho Singh was the Karta of joint Hindu family and after his death, Harlal Singh became the Karta of the family.

(3.) Harlal Singh and Sedu Singh expired before Samwat 2019. The applicants are the grandsons of Harlal Singh and sons of Ranjeet Singh. Since his birth, the defendant No. 4 Manoj Singh is also having co-parcenery share in the aforesaid property alongwith the plaintiffs. It was also averred that Ranjeet Singh, father of the applicants and defendant no.4 is a habitual drinker. In the land of khasra no. 889 admeasuring rakba 0.94 ha, 1/8th share was recorded was recorded in the name of Ranjeet Singh. In this way, the applicants, who are the sons of Ranjeet Singh are having 1/16th share each out of 1/8th share in the land in question and Manoj Singh is having 1/32 share and they are cultivating the same. It was also averred that Ranjeet Singh was drunken by defendant no.2 and without sale consideration he got executed a registered sale deed of 1/8th share of Ranjeet Singh's land in his favour on 15/1/2014. The witnesses of the sale deed are also the relatives of defendant no.2. Thereafter on 28/1/2014, the defendant no.2 executed a sale deed of the land purchased by him and the land got registered by him from defendant no.1 in favour of non applicant. Therefore, the sale deeds dtd. 15/1/2014 and 28/1/2014 be declared null and void.