HAROON Vs. NISHAR AHMED AND ORS.

JUDGEMENT

(1.) THIS writ petition under Article 226 & 227 of the Constitution of India is directed against the order dated 23.10.2013 passed by the trial court, whereby the application filed by the petitioner under Section 242 of the Rajasthan Tenancy Act, 1955 ('the Act') has been rejected.

(2.) THE petitioner alongwith respondents No. 3 to 7 filed a suit for cancellation of decree dated 22.05.1968 passed in Revenue Suit No. 99/1962 passed by the SDO, Merta, cancellation of sale deed dated 30.03.1988, declaration and permanent injunction against the respondents No. 1 and 2 regarding the land comprised in Khasra No. 2825 admeasuring 6 Bigha 5 Biswa and 2828 admeasuring 12 Bigha 1 Biswa situated at Merta. It was claimed that in the year 1970 the predecessor of plaintiff and defendants partitioned and land comprised in Khasra No. 2825 and 2828 was handed over to Ahmedji, predecessor of plaintiff and since then they were in possession and have right by way of adverse possession also. The defendants have no right in land comprised in Khasra No. 2825 and 2828 subsequently by sale deed dated 30.03.1988 land comprised in Khasra No. 2790, 2824, 2822, 2822/1, 2821/1 and 2825 was transferred to defendant No. 2. It was claimed that defendant No. 1 had no right to transfer the land comprised in Khasra No. 2825 and 2828 to defendant No. 2; the disputed land was in their possession and the defendants were bent upon interfering with their peaceful possession. Ultimately it was prayed that the decree dated 22.05.1968 and sale deed dated 30.03.1988 be set aside, declaration be given that the land comprised in Khasra No. 2825 and 2828 was of the title and in possession of the plaintiff and in the alternative the same be declared to be of joint ownership and possession of predecessor of plaintiff and defendant No. 1 Ahmedji and Mehmoodji and injunction restraining the defendants from interfering in their possession was also sought.

(3.) THE trial court framed 12 issues.