AARIF SHAH Vs. CHUNNI SINGH

JUDGEMENT

(1.) Appellant-plaintiffs have preferred this second appeal under Section 100 CPC to challenge judgment dated 11.05.2017, passed by Additional District Judge No.4, Bikaner (for short, 'learned lower appellate Court'), whereby learned lower appellate Court has affirmed judgment and decree dated 15.05.2015, passed by Additional Civil Judge No.2, Bikaner (for short, 'learned trial Court') dismissing their suit for declaring sale-deed dated 15.10.1981 null and void and perpetual injunction.

(2.) The facts, in brief, are that appellants laid a suit against respondents, inter-alia, on the ground that sale-deed dated 15.10.1981, pertaining to their agricultural land of village Bhanawtawala ki Rohi in Khasra Nos.157, 438, 567/158, 639/381 ad-measuring 50 bighas barani land, was never executed by their father Sardar Shah. For challenging the sale-deed, precisely, it was pleaded in the plaint that at the time of execution of sale- deed, Sardar Shah was not alive, and therefore, the same is of no avail and consequence, so far as the rights of appellant-plaintiffs are concerned. Besides that, the appellants have also prayed for grant of perpetual injunction.

(3.) The suit was contested by the respondent-defendants by refuting all the averments. Apart from joining issue with the appellants on merits, the defendants have also raised objection about suit being barred by limitation inasmuch as it was filed 30 years after execution of the sale-deed.