- (1.) The petitioners have approached this Court under Article 227 of the Constitution, challenging the order dated 3 July, 2010 passed by Second Additional Civil Judge (Junior Division), Kairana, District Muzaffarnagar, in Original Suit No. 87 of 2009, allowing the application 71-C, under Order 40, Rule 1 CPC. By the said order, the trial court has appointed receiver over the properties of deceased Narayan Singh, and a further direction has been issued for sending a communication to the collector, Muzaffarnagar for obtaining his consent under Order 40, Rule 5 CPC. The other order under challenge is dated 27.5.2015 passed by Additional District Judge, Court No. 1, Muzaffarnagar, whereby Civil Appeal No. 43 of 2010, preferred against the order of the trial court dated 3 July, 2010 has been dismissed.
(2.) The suit property, admittedly was owned by Late Narayan Singh, who died on 29.3.2009. The petitioners are the nephews of deceased Narayan Singh. The plaintiff-respondents are the daughters of Late Narayan Singh. They instituted Original Suit No. 87 of 2009 seeking declaration that the sale deeds dated 29.3.2009, allegedly executed by Narayan Singh in favour of the petitioners be declared as null and void and for permanent injunction restraining the defendants from interfering in their possession on the basis of the impugned sale deeds. The suit properties have been divided into Schedule A, which comprises of agricultural land wherein, Narayan Singh had a share and Schedule B comprising of a residential house. Indisputably, the sale deed in favour of the petitioners is in respect of the share of deceased Narayan Singh in respect of the agricultural land disclosed in Schedule A. The case of the plaintiff-respondents was that the sale deeds dated 29.3.2009 were obtained by playing fraud and coercion and thereafter, Narayan Singh was also murdered by the petitioners on the same date. It was claimed that the sale deeds were without any consideration and being null and void are liable to be declared as such.
(3.) The suit was contested by the petitioners by filing written statement in which it is pleaded that Late Narayan Singh had initially bequeathed his entire properties in their favour by means of a Will dated 12.3.2009. It is claimed that the plaintiff-respondents, after coming to know of the Will executed by Narayan Singh in favour of the petitioners, started quarreling with him, consequently, in order to avoid any further complication, he also executed registered sale deeds dated 29.3.2009 in favour of the petitioners and the fourth respondent. The specific case of the petitioners was that the sale deeds were for valuable consideration and were duly executed by Late Narayan Singh. They further claimed that they are in possession of the suit property and their possession is since before the execution of the impugned sale deeds, as they already had share in the agricultural properties. It is further pleaded that Narayan Singh died a natural death and the allegation that he was killed is false and motivated.;