SHAHRUKH KHAN Vs. ISMAIL @ MUNNA

JUDGEMENT

(1.) The present Misc. Appeal has been filed under Order 43 Rule 1(r) of the Code of Civil Procedure by the appellant- defendant-Shahrukh, in a suit for cancellation of the sale-deed dated 05.12.2000 which was executed in his favour by Ismail S/o Rehmatullah Musalman Teli and has been challenged by another Ismail @ Munna S/o Lal Mohammed Solanki Teli, against the order dated 30.05.2015 passed by the learned District Judge, Churu in Civil Misc. Case No.38/2011 "Ismail alias Munna Vs. Shahrukh Khan" by which, the learned Trial Court had allowed the application filed by the respondent- applicant under Order 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure and granted temporary injunction in his favour to the following effect:-

(2.) The learned counsel Mr. S.G. Ojha, Mr. Om Rajpurohit appearing for the appellant-defendant submitted that the sale- deed claimed by the plaintiff-Ismail @ Munna S/o Lal Mohammed Solanki Teli was executed on 05.12.2000 whereas, the present registered sale deed in favour of the defendant- Shahrukh S/o Hidayat Khan Dilawarkhani was executed by the seller Ismail S/o Rehmatullah Teli on 20.10.2011.

(3.) It is noticed that the learned Court below has observed that the registered sale-deed dated 05.12.2000 in favour of the plaintiff-Ismail @ Munna was only 2 bighas and 12 biswas out of the total holdings of the seller to the extent of 10 bighas and 8 biswas; whereas, in the another registered sale-deed executed in favour of the defendant-Shahrukh by the same seller Ismail S/o Rehmatullah Teli has stated that "in joint holdings of land in question situated at Rohi, Churu, namely khasra No. 150 admeasuring 10 bighas 05 biswas, khasra No. 151 admeasuring 19 bighas 14 biswas, khasra No. 159 admeasuring 10 bighas 08 biswas, khasra No. 160 admeasuring 07 bighas 02 biswas, khasra No. 165 admeasuring 27 bighas 18 biswas, totalling five khasra, land admeasuring 75 bighas 07 biswas, the seller Ismail S/o Rehmatullah Teli has 1/4th share only and out of his share, he has agreed to sell 02 bighas 12 biswas of non-specified and defined part of agricultural land to the defendant-Shahrukh and the same has been sold out under the aforesaid registered sale-deed dated 05.12.2000. No reference of the previous sale made by the seller Ismail S/o Rehmatullah Teli has been made in the present sale-deed.