JIMI Vs. SHRI KISHNA

JUDGEMENT

(1.) Appellants-plaintiffs have preferred this second appeal under Sec. 100 CPC assailing the judgment and decree dtd. 28/9/2016 passed in Civil First Appeal No.38/2013 by the Court of Additional District Judge No.1, Beawar, District Ajmer affirming the judgment and decree dtd. 26/10/2013 passed in Civil Suit No.1/12 (116/93) by the Court of Additional Civil Judge (Sr. Division) No.1, Beawar whereby and whereunder their civil suit for cancellation of registered sale deed dtd. 11/11/1991, registered on 12/11/1991 has been dismissed on merits.

(2.) Heard counsel for both parties and perused the record.

(3.) Appellants, by way of, filing the present civil suit, have assailed the registered sale deed dtd. 11/11/1991 executed by plaintiff No.3-Gopi, defendant Nos.1, 2 and 3 Kishna, Haira and Hajari in favour of defendant No.4-Pratap Singh. On this sale deed plaintiff No.1-Smt. Jimi put her thumb impression as witness. Plaintiff Nos.1, 2 and 3 make out a case that agricultural lands in question were ancestral and plaintiff No.3-Gopi did not make his signatures, therefore, the sale deed executed by defendant Nos.1, 2 and 3 in favour of defendant No.4 be cancelled to the extent of the share of plaintiff Nos.1, 2 and 3.