BADAN KANWAR WIFE OF LATE SHRI PADAM SINGH Vs. BHEEM SINGH S/O LATE SHRI MOHAN SINGH
LAWS(RAJ)-2017-8-147
HIGH COURT OF RAJASTHAN
Decided on
August 28,2017
Badan Kanwar Wife Of Late Shri Padam Singh
Appellant
VERSUS
Bheem Singh S/O Late Shri Mohan Singh
Respondents
JUDGEMENT
RAMCHANDRA SINGH JHALA,J. -
(1.) The instant second appeal has been filed by the appellant-plaintiff against the judgment and decree dated 16.9.2013 passed by learned Additional District Judge, Nathdwara (Rajasthan) in Civil Appeal No.16/2008 whereby he has affirmed the judgment and decree dated 26.2.2008 passed by learned Civil Judge (Sr. Division), Nathdwara in Civil Original Suit No.44/2008 whereby said suit was dismissed.
(2.) Briefly stated facts of the case are that the appellant-plaintiff instituted a suit on 28.2.2006 before the learned Civil Judge, Nathdwara for cancellation of the sale deed against the respondent-defendant. In the suit it is stated that the appellant plaintiff owns agriculture land situated at Patwar Halka Gunjol and same was in her possession and was recorded in the name of appellant-plaintiff in the revenue record, but in the year 2005 the respondent-defendant got the said property mutated in his favour on the basis of a sale deed dated 24.8.1984. It is submitted in the plaint that at the time when the sale deed was made, the land was in the name of Padam Singh, husband of appellant-plaintiff. The said land was gair khatedari land and a gair khatedar tenant has no right to sell the land without obtaining khatedari right. The appellant-plaintiff has physical possession over the said land and same was cultivated by her. She also invested huge amount on the said land and the respondent-defendant cannot dispossess her from the said land.
(3.) In the year 2005 she came to know that the land, which is in her possession, has been mutated in the name of respondent-defendant Bheem Singh as a khatedar on the basis of sale deed dated 24.8.1984 which were executed between appellant-plaintiff's husband and respondent-defendant's father. The appellant-plaintiff challenged the mutation entry by filing a mutation appeal which was allowed and entry of Bheem Singh made in mutation register has been cancelled. Thereafter the suit was filed by the appellant-plaintiff for challenging the said sale deed dated 24.8.1984.;
(2.) Briefly stated facts of the case are that the appellant-plaintiff instituted a suit on 28.2.2006 before the learned Civil Judge, Nathdwara for cancellation of the sale deed against the respondent-defendant. In the suit it is stated that the appellant plaintiff owns agriculture land situated at Patwar Halka Gunjol and same was in her possession and was recorded in the name of appellant-plaintiff in the revenue record, but in the year 2005 the respondent-defendant got the said property mutated in his favour on the basis of a sale deed dated 24.8.1984. It is submitted in the plaint that at the time when the sale deed was made, the land was in the name of Padam Singh, husband of appellant-plaintiff. The said land was gair khatedari land and a gair khatedar tenant has no right to sell the land without obtaining khatedari right. The appellant-plaintiff has physical possession over the said land and same was cultivated by her. She also invested huge amount on the said land and the respondent-defendant cannot dispossess her from the said land.
(3.) In the year 2005 she came to know that the land, which is in her possession, has been mutated in the name of respondent-defendant Bheem Singh as a khatedar on the basis of sale deed dated 24.8.1984 which were executed between appellant-plaintiff's husband and respondent-defendant's father. The appellant-plaintiff challenged the mutation entry by filing a mutation appeal which was allowed and entry of Bheem Singh made in mutation register has been cancelled. Thereafter the suit was filed by the appellant-plaintiff for challenging the said sale deed dated 24.8.1984.;
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