PRAHLAD SINGH Vs. RAM KUMAR

JUDGEMENT

(1.) Appellants-plaintiff have preferred this second appeal under Sec. 100 of Code of Civil Procedure, assailing the judgment and decree dtd. 18/9/2021 passed in Civil First Appeal No.11/2021 by the Court District Judge, Jhunjhunu (Raj.), affirming the judgment and decree dtd. 11/9/2020 passed in Civil Suit No.53/2019 by the Court of Civil Judge, Jhunjhunu (Raj.) whereby and whereunder the civil suit for cancellation of the sale deed dtd. 8/1/1981 and permanent injunction has been dismissed on merits.

(2.) Heard learned counsel for appellant and perused the impugned judgments.

(3.) It appears from record that in relation to lands in question, one sale deed dtd. 8/1/1981, was executed by Shubhkaran, father of plaintiffs in favour of defendant No.1 Ram Kumar. Shubhkaran passed away in the year 2003 and thereafter plaintiffs have instituted the present civil suit for cancellation of that sale deed on 22/5/2019. Plaintiffs have pleaded that sale deed dtd. 8/1/1981 is a forged document and signature of their father thereupon is also forged and further the sale deed is void in view of Sec. 42(a) of the Rajasthan Tenancy Act, 1955 (hereinafter referred as 'the act of 1955'). Plaintiffs pleaded that after death of their father, the lands in question were mutated in their favour and they are in possession of lands in question.