BAABU BHAI Vs. CHAND KHAN

JUDGEMENT

(1.) The present second appeal has been preferred against the judgment and decree dtd. 30/8/2022 passed by the District Judge, Sirohi in Civil Regular First Appeal No.2/2021 (CIS No.02/2021) whereby the judgment and decree dtd. 18/2/2021 passed by the Civil Judge, Reodar, Sirohi in Civil original Suit No.1/2015 has been affirmed. The learned trial Court vide its judgment and decree dtd. 18/2/2021 proceeded on to dismiss the suit as preferred by the plaintiffs for declaration of the sale deed to be void and for declaratory and permanent injunction on merits as well as on the ground of same being barred by limitation.

(2.) The dispute in question pertains to a land situated in a Gramdan Village named Anadra in tehsil Reodar, District Sirohi. The plaintiffs alleged that Chand Khan, their uncle, fraudulently, with aid of Gramdan Chairman/President, got a sale deed dtd. 1/1/1989 executed in his favour vide which the share of Ahmed Gafar, father of the plaintiffs was shown to be sold to him. It was averred that defendant Chand Khan fraudulently got the sale deed executed in his favour without the knowledge of Ahmed Gafar and hence, the suit for declaration of sale deed dtd. 1/1/1989 to be void and for injunction was filed on 7/1/2015. It was averred in the suit that Gram Sabha did not have any right to register the sale deed and hence the sale deed was void ab initio and could not have affected any rights of the plaintiffs.

(3.) The case of defendant no.1 Chand Khan was that one of the brothers Ahmed Gani, vide a gift deed, transferred his share in favour of Chand Khan and the other brother Ahmed Gafar (father of the plaintiffs), vide registered sale deed dtd. 1/1/1989, sold out his share to him. He further averred that the sale deed was registered by the Gram Sabha in terms of the Rajasthan Gramdan Act, 1971 (hereinafter referred to as 'the Act of 1971') and that he was in possession of the property since the date of sale.