BHERGIR Vs. MANI RAM

JUDGEMENT

(1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellant-defendant No.2 (Bhergir) against the judgment and decree dtd. 19/8/2025 passed by the learned Additional District Judge, Rawatsar, District Hanumangarh in Civil Appeal Decree No.03/2023 (46/2019), whereby the judgment and decree dtd. 5/11/2019 passed by the learned Civil Judge, Rawatsar, Hanumangarh in Civil Original Suit No.32/2011 (163/2014), titled Maniram v. Shanti Devi and Ors., was affirmed.

(2.) The facts in brief, necessary for adjudication of the present appeal are that the respondent-plaintiff filed a suit for mandatory injunction and cancellation of the sale deed dtd. 10/10/1990. It was alleged in the suit that defendant No.1 - Shanti Devi, mother of the plaintiff, on the basis of a forged death certificate of her husband Birbalram (father of the plaintiff), got the agricultural land belonging to him mutated in her name in the revenue records. Thereafter, by preparing another forged document, she sold the said agricultural land to defendant No.2. The sale deed was registered on 10/10/1990 by the Sub-Registrar, Rawatsar.

(3.) Birbalram, the father of the plaintiff and husband of defendant No.1, remained alive until 9/9/2002. An FIR No.67/2011, concerning the alleged forgery by defendant No.1 came to be lodged against her, pursuant to which she was arrested and subsequently convicted by the competent criminal court. The learned trial Court, on the basis of the pleadings of the parties, framed as many as six issues, including the issue relating to relief. The issues framed by the learned trial Court are reproduced below for ready reference: <IMG>JUDGEMENT_33_LAWS(RAJ)11_2025_1.jpg</IMG>