RASAL DEVI Vs. VIMLA DEVI

JUDGEMENT

(1.) The present second appeal has been filed by the plaintiff/ appellants under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment and decree dtd. 27/10/2017 passed by the learned Additional District and Sessions Judge, Rajgarh, District Alwar in Civil Appeal No.11/2012, whereby the learned Appellate Court below has dismissed the appeal preferred by the plaintiff/ appellants against the judgment and decree dtd. 24/4/2012 in Civil Suit No.34/03/2001 titled as "Smt. Mangni Devi Vs. Smt. Vimla Devi" passed by the learned Civil Judge (Sr. Division) Rajgarh, Alwar, whereby the learned Trial Court below has dismissed the suit filed by the plaintiff/appellants.

(2.) Brief facts giving rise to the present appeal are that on 21/5/2001, the plaintiff/appellants filed a suit for declaration and injunction in respect of two sale deeds. The first sale deed, dtd. 19/1/1998, with regard to land of Khasra No.246/837, situated at Lapapa, Tehsil Rajgarh, District Alwar, and was executed by the deceased Shri Rambux Singh Ji in favour of the defendant/respondent No.1-Vimla Devi. The second sale deed, dtd. 20/4/2001, was executed by the defendant/respondent No.1-Vimla Devi in favour of defendant/respondent No.2-Hameed Khan. In the plaint, it was pleaded by the plaintiff/appellants that the suit property was the ancestral property of the deceased Shri Rambux Singh Ji. Shri Rambux Singh Ji was survived by 5 (Five)heirs: Smt. Mangni Devi (wife of the deceased Rambux Singh), plaintiff/appellant No.1-Rasal Devi, plaintiff/appellant No.2-Sushila Devi, plaintiff/appellant No.3-Supyar Bai, and defendant/respondent No.1-Vimla Devi. It was further pleaded that the deceased Shri Rambux Singh Ji expired on 24/9/1999. The plaintiff/appellants claimed that after his death, the legal representatives of the deceased Shri Rambux Singh Ji, each held a 1/5th right in the property. It was further pleaded that the deceased Shri Rambux Singh Ji was facing age related ailments, and defendant/respondent No.1-Vimla Devi collusively got the sale deed dtd. 19/1/1998 in her favor. On the basis of this sale deed, she also got the revenue record mutated in her favour and subsequently, she sold the said property to defendant/respondent No.2-Hameed Khan, vide a registered sale deed dtd. 20/4/2001. It was further pleaded by the plaintiff/appellants that the deceased Shri Rambux Singh Ji had no right to execute the sale deed dtd. 19/1/1998 in favour of defendant/respondent No.1-Vimla Devi. Accordingly, defendant/respondent No.2-Hameed Khan was also not having any title in the suit property. It was further pleaded by the plaintiff/appellants that the sale deed executed by the deceased Shri Rambux Singh Ji, with regard to the land Khasra No.246/837, was made without consideration and constituted a sham document because the deceased Shri Rambux Singh Ji had no legal necessity or legal debts to execute such a deed, and he was suffering from various ailments, therefore, the sale deed executed by the deceased Shri Rambux Singh Ji in favour of the defendant/respondent No.1-Vimla Devi dtd. 19/1/1998, and subsequently, in favour of defendant/respondent No.2-Hameed Khan by defendant/respondent No.1-Vimla Devi dtd. 20/4/2001, be declared null and void. Furthermore, the defendant/respondents may be restrained to not dispossess the plaintiff/appellants from the property in question.

(3.) On 17/7/2001, the defendant/respondents filed a joint statement wherein they have denied the averments made in the plaint. The defendant/respondents further stated that the deceased Shri Rambux Singh Ji was the absolute owner of the land. Therefore, Shri Rambux Singh Ji executed a sale deed in respect to the land of Khasra No.246/837, measuring 26 ares, in favour of the defendant/respondent No.1-Vimla Devi, for a total sale consideration of Rs.33,000.00 and handed over the possession of the same. Similarly, the deceased Shri Rambux Singh Ji also sold the land of Khasra No.192, measuring 0.34 ares to Kailash Singh, Jai Singh and Chhagan Singh Daroga, Gram Lapapa, and also handed over possession to them. The defendant/respondents further stated that the deceased, Shri Rambux Singh Ji, was never ill and was hale and hearty. Thus, the sale deed dtd. 19/1/1998 was executed validly for due consideration. After the execution of the sale deed, the mutation was also recorded in favour of the defendant/respondent No.1-Vimla Devi and the defendant/respondent No.1-Vimla Devi has validly alienated the said land in favour of the defendant/respondent No.2-Hameed Khan, vide registered sale deed dtd. 20/4/2001, and accordingly handed over the possession of the suit property. They further stated that the plaintiff/appellants are out of possession and that the suit is barred by limitation. Accordingly, they prayed for dismissal of the suit.