M/S Visa Agro Industries Pvt Ltd … vs Sh. Charan Singh & Anr on 15 July, 2015

1. These two petitions are being disposed of by a common judgment as
the facts in the two petitions are similar and vide identical impugned orders
dated 9th July, 2013 learned Civil Judge dismissed the applications of the
petitioner under Order VII Rule 11 read with Section 151 CPC.
2. The respondents in the two petitions filed suits for declaration and
injunction against the petitioner/defendant praying for cancellation of the
sale deeds dated 2nd November, 1987. In the suits it was pleaded that Sohan
was the Bhumidar of agricultural land comprising in khasra No. 2125
measuring (4-16) in Suit No. 244/11 and khasra No. 2126 measuring (6-18)
situated in the revenue estate of village Rajokri in Suit No. 243/2011. After
the death of Sohan the ownership in the land devolved on his two sons i.e.
Prabhu and Hemraj having inherited one-half share each. Mutation was
sanctioned in favour of Prabhu and Hemraj in the revenue records. Hemraj
died on 22nd July, 1976 and after his death the said half portion of the land
was inherited by Mam Chand and late Ratan Lal the second son and father of
plaintiffs Charan Singh and Bhagwan Singh. In CS No. 244/11 Charan
Singh and Bhagwan Singh S/o of late Rattan Lal are the plaintiffs whereas in
CS No.243/11 Mam Chand, Charan Singh and Bhagwan Singh are the
plaintiffs. Rattan Lal F/o Charan Singh and Bhagwan Singh and brother of
Mam Chand died on 9th January, 1987. It is alleged that M/s. Visa Agro the
defendants in the suit and the petitioner herein in collusion with some
property dealers got executed and registered the sale deeds dated 2nd
November, 1987 with regard to properties as mentioned above. After the
execution and registration of the sale deeds dated 2nd November, 1987 of the
respective share of Rattan Lal and Hem Raj, the petitioner/defendant also got
sanctioned the mutation in its favour in revenue records on 21st November,
1988. It is stated that the thumb impression of late Hemraj and Rattan Lal on
the sale deeds were forged and fabricated as Hemraj and Rattan Lal S/o of
Sohan had died on 22nd July, 1976 and 9th January, 1987 respectively. It is
stated that the possession of suit property always remained with the plaintiffs

or their predecessor in interest and they were not in the knowledge of the
sale deeds dated 2nd November, 1987 or the mutation order dated 21st
November, 1988 as no notice was served to the plaintiffs or their predecessor
in interest. The sale deeds dated 2nd November, 1987 purported to be
executed by late Shri Rattan Lal and Hemraj predecessor in interest of the
plaintiffs was never executed as he was not alive on the date of execution of
the sale deeds. The plaintiffs/respondents came to know about the wholly
null and void transactions, transfer documents between January, 2010 to
September, 2010, they tried their best to find out the particulars and after
obtaining the certified copies of the sale deeds, mutation records etc., the
suits were filed and thus it was prayed that a decree, declaring the sale deeds
dated 2nd November, 1987 as null and void be passed. A decree of
permanent injunction in favour of the plaintiffs and against the
petitioner/defendant restraining from transferring, alienating or creating third
party interest in the suit properties was also prayed for.

Source: Indian Kanoon

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