DEEPAK MAHESHWARI, J. - (1.) Plaintiffs/appellants Amba Lal and Harlal have preferred this appeal challenging the judgment and decree dated 3.12.1992 whereby learned District Judge, Udaipur has dismissed the suit filed by the plaintiffs claiming the relief that the sale-deed dated 7.6.1975 be cancelled and declared null and void against him, possession of the disputed land admeasuring 9 bigha 3 biswa except 26,000 sq. ft. land which is already in possession of the plaintiff, be handed over to them, mesne profit @ Rs.5000/- per month be awarded and defendant be directed by issuing mandatory injunction to remove the construction, if any, raised on the property in dispute .
(2.) Facts giving rise to this appeal are that plaintiffs filed a suit against defendant Mst. Jasoda Bai with the allegations that father of plaintiffs namely late Ganesh Lal was a Khatedar tenant of land admeasuring 9 bigha 8 biswa bearing Aaraji No.2427/2 and 2427/7 situated in Girdanvah Tehsil Girwa, District Udaipur. He was an illiterate person and has renounced the world. Proceedings for acquisition of land under Rajasthan Urban Development Act, 1959 were initiated about the said land by way of notification issued under Section 52(2) on 4.4.1969 and published in Rajasthan Gazette. On the pretext of getting the acquisition proceedings quashed, husband of defendant, who was working as Block Development Officer suggested to execute the sale deed in favour of his wife Jasoda Bai without giving any consideration therefor. Relying upon his assurance, Ganesh Lal executed a sham and fictitious sale deed in respect of said land on 7.6.1975 showing the sale amount as Rs.39,951/-. In the year 1979, defendant forcibly got the possession of the land in dispute with the help of police, except the land admeasuring 26400 sq. ft. An agreement to sale was executed by defendant in favour of Ganesh Lal in respect of 26400 sq. ft. land assuring to get it converted in 'aabadi' land. In the background of these facts, the said sale deed dated 7.6.1975 has been alleged to be void ab-initio on various grounds mentioned in para-9 of the plaint.
(3.) It has been stated in the plaint that father of plaintiffs Shri Ganesh Lal died on 13.5.1978. Cause of action first arose on 7.6.1975 when the said sale deed was executed by deceiving father of plaintiffs and lastly on 7.11.1985, when plaintiffs came to know through their sons that the defendant has claimed khatedari rights on the disputed land. Plaintiffs have claimed the reliefs as stated above by way of filing the plaint.;