VEERENDR SINGH SIRADHANA,J. - (1.) By order dated 6th January, 2016, the trial Court declined the application of the plaintiff-appellant for grant of Temporary Injunction under Order 39, Rule 1 and 2 CPC, which has been assailed in the instant misc. appeal.
(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy are that the plaintiff-appellant instituted suit proceedings stating that he is owner of the subject land involved herein bearing Khasra No. 232, 232/427 and 232/428, situated at Mukabarkbag, Ajmer Road, Jaipur. It is pleaded case of the plaintiff-appellant that the subject land involved herein is recorded in the settlement Department of the Government, Nagar Nigam as well as in the office of the Collector, in the name of Goru Nisa d/o Ashfaq Hussain. Goru Nisa constructed a Bunglow in Khasra No. 231, with necessary infrastructure including servant quarters, Garage, Garden, Guest house etc.; known as "Mubarak Mahal". It is further pleaded that Goru Nisa made a 'Will' of her entire property on 13th October, 1962, in favour of her brother Aziz Hussain. Goru Nisa died in 1964 in Jaipur. Thus, Aziz Hussain, became the sole owner of the property. Aziz Hussain made a Will on 1st September, 1986, in favour his elder son Abid Hussain. Aziz Hussain died on 24th July, 1987, in Jaipur.
(3.) Learned counsel for the plaintiff-appellant, reiterating the pleaded facts and grounds of the memo of appeal, submits that the appellant learned about the sale-deeds executed with reference to the subject land involved herein in the year 1948 and 1975 only, in view of the application that was instituted by Smt. Salra Chaudhary (Defendant-Respondent No. 3) on 6th June, 2012. After an inspection of the relevant records i.e. File No. 60/2012 (State v. Abid Hussain) in the Court of Civil Judge (Chief Judicial Magistrate), Jaipur Metropolitan, Jaipur, on 18th September, 2015, the plaintiff-appellant learned about the false, forged and fictitious sale deeds aforesaid. Thus, having learned about the facts aforesaid, the plaintiff-appellant instituted suit proceedings, with a prayer for cancellation of the sale deeds dated 15th January, 1948 and 2nd December, 1975.;