- (1.) This is defendants' second appeal challenging the judgments and decrees of the courts below whereby suit of the plaintiff-respondent No.1 has been decreed declaring him the owner of the suit property jointly with the defendants to the extent of 1/2 share, and also declaring the sale deed dated 09.11.1959 as non-existent, and restraining the defendants from alienating the suit property or creating any charge over the same.
(2.) By filing the instant suit, the plaintiff-respondent No.1 sought declaration to the effect that he was owner in possession to the extent of 1/2 share of the suit land, whereas defendants No.3 and 4 (now respondents No.2 and 3) were joint owners to the extent of remaining 1/2 share of the suit land, as detailed in the head note of the plaint, laying further challenge to the validity of the sale deed dated 09.11.1959 alleged to be executed by appellant-defendants No.1 and 2 on the ground that the same was illegal, null, void, ineffective and an outcome of fraud and not binding on his rights and the rights of defendants No.3 and 4 in any manner, further seeking injunction restraining defendants No.1 and 2 from further alienating the suit land and creating any charge over the same.
(3.) It was averred that Dharamvir Singh, father of the plaintiff and Sukhbir Singh husband of defendant No.3 and father of defendant No.4, along with two brothers, were owners of the suit land to the extent of 1/2 share each which was inherited by them from their father Bhagwati Parshad. The suit land was already mortgaged along with possession with defendants No.1 and 2 and Prabhu son of Phaggu along with some other land. Sukhbir Singh died in the year 1998 leaving behind defendants No.3 and 4 as his Legal Representatives, whereas Dharamvir Singh died in the year 1999 leaving behind the plaintiff as his Legal Representative. After their death, the plaintiff as well as defendants No.3 and 4 succeeded to their estate and mutation of inheritance was also sanctioned in their favour vide Nos.725 and 726.;