BHAWANA PACHAURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These four petitions are arise of same property, so, these four petitions are decided simultaneously.

(2.) I have considered the arguments advanced by learned counsel for the petitioners as well as learned Public Prosecutor and learned counsel for the respondent.

(3.) It is an admitted position that plot No.C-409 (new No.C-503) in the name of Sudha Gupta on 24/6/2015 by fake sale deed. The said plot was sold in the name of petitioner-Seema Sharma. The sale deed did not bear the signature and photograph of Sudha Gupta. The sale deed was executed by fake I.D. instead of Sudha Gupta. In the said sale deed, address of Sudha Gupta was not verified and also consideration was not transferred in the account of Sudha Gupta although consideration was by way of cheque of ICICI Bank but said cheque was not deposited in the account of Sudha Gupta, so, initial sale deed was fake. After that, Seema Sharma had sold the disputed plot to Arun Kumar Agarwal in consideration of Rs.35,11,000.00 but sale deed was executed on 9/3/2019 but as per the sale deed payment was done two to four years prior to execution of sale deed and attesting witness Vikas Sharma address was not verified and other witness Bhupendra Kumar Ujjania was servant of Seema Sharma. After that, Arun Kumar Agarwal had sold the disputed plot to petitioner- Bhawana Pachauri on consideration of Rs.26,00,000.00 but payment was done from 2015. At that time, Arun Kumar Agarwal was not owner of the disputed plot. So, these averments clear cut reveal that petitioners had done forgery in selling of plot. So, present petitions are being devoid of merits and liable to be dismissed.