Pramod Kumar Srivastava, J. - (1.) Heard learned counsel for the appellants and perused the records.
(2.) It is admitted that Ram Bhawan had two sons namely, Baleshwar and Jagarnath. After death of Baleshwar, his four sons (plaintiffs of original suit) became his legal heir. Admittedly, disputed property is agricultural in nature, the owner and bhumidhar of which, was Jagarnath whose name was recorded in revenue records. One sale-deed dated 25.8.1990 was executed on behalf of Jagarnath in favour of defendants no. 1 to 4 of original suit, marginal witness of which, were defendants no. 5 and 6, then plaintiffs had filed Original Suit No. 802/1995 with averment that this sale-deed was not executed by Jagarnath, but was executed by impostor in place of Jagarnath, and is liable to be cancelled. It was also pleaded in the plaint that Jagarnath is not known for more than 7 years and 30 years and in his place any impostor was presented for registration of the sale-deed, therefore said sale-deed is liable to be cancelled. On these pleadings, plaintiff had filed suit for cancellation of aforesaid sale-deed dated 25.8.1990 and for permanent injunction regarding disputed property against defendants no. 1 to 4.
(3.) Defendants no. 2 to 4 had filed written statement, in which plaint averments were denied and it was pleaded that Jagarnath had willingly executed sale-deed in question in favour of defendants for proper consideration and got the sale-deed registered before Sub-Registrar. After execution of sale-deed, name of defendants no. 1 to 4 has been mutated over disputed agricultural property, who are in its possession. Plaintiffs' suit is time barred, they have no right to sue and suit is liable to be dismissed.;