Mohd. Yamin, J. - (1.) A Civil Suit has been filed by Kumari Disha Benerji aged about 6 years through her next friend against the petitioners who are defendants before the trial Court. According to the plaint the grandfather of Disha had purchased a constructed plot bearing No. 484-B on 15.6.45 from its earlier owner Mr. Deenanath Bhargav for a sum of Rs. 30,000/-. The sale deed was executed in favour of Jitendra Nath Banerji and his minor son Achind Dev Banerji. Patta from the Municipal Board was issued in the name of both of them. Later on a piece of Khalsa land measuring 10 ft. x 57 ft. was purchased from the Municipal Board.
(2.) There are allegations that Achind Dev married with Deepali against the will of his father. However, Anindo Dev was born on 5.1.67. It is further averred that Smt. Deepali had illicit relations with K.K. Rai even before her marriage. She quarrelled with her husband Achind Dev and left him in year 1979 and started living with her parents. After the death of her father she openly used to live as a girl-friend of K.K. Rai. After the death of Achindo Dev she married with K.K. Rai and now she is his wife. Anindo Dev married with Yamini on 22.11.1991 and plaintiff Disha is the only daughter out of this wed-lock. Anindo Dev was in habit of drinking excessively, and was a habitual gambler. He was at the time of marriage employed with Toranto Company as a Medical Representative but because of his excessive expenses he used to sell the goods of the company without bringing it to the notice of the Company and compelled his wife Yamini to bring help from her parents. Yamini started a taxi business under the name of "Disha Tours & Travels". The business was started in her name as Anindo Dev was a man of bad character. However, he used to work with Disha Tours & Travels. In the year 1994 he had to leave service of the Company. He used to issue cheques to various parties by forging signatures of Smt. Yamini Banerji and also sold the taxies. Dr. Achindo Dev who was the real grandfather of the plaintiff was very much perplexed when came to know that his son Anindo Dev had taken loan of lacs of rupees. This amount was about 25 lacs and Anindo Dev wanted help from his father.
(3.) It is further averred that defendant No. 1 took benefit of this situation and got an agreement executed from Achindo Dev about the sale of the property. This deed also bears signature of Smt. Yamini and is in possession of defendant No. 1 Draft of this agreement was first typed which was corrected by Dr.Achindo Dev. These two documents are in possession of defendant No. 1. This agreement contained certain conditions which are stated in para No. 6 of the plaint. Later on the bad relation between Achindo Dev and his son taxed the health of Achindo Dev. Achindo Dev suffered heart-attack and died on 14.2.97. It is further averred that the defendant Nos. 1,, 2 and 3 knew his habits of Anindo Dev and they prepared a plan to usurp property. Anindo Dev had by that time developed illicit relations with Miss Hetal Solanki. Defendant No. 1 Jagdev Singh provided a flat to both of them situated at New Campus Road Jodhpur and a car bearing No. RJ-19-C 1421. This Anindo Dev, the father of Disha Banerji performed an Arya Samaj marriage with Miss Hetal Solanki on 20.3.98. It is further averred that in January, 1997 different sale deeds were executed which are sham. But the possession of the whole property was handed over to defendant No. 1. Even a single pie was not given to anyone of the members of the family of Anindo Dev neither did he bring the money to them. The sale deeds are five in number. A suit for cancellation of these sale deeds has been filed in forma pauparis. It has been further prayed that status quo may be maintained so that the defendants may not raise construction and they may be ordered by permanent injunction that the plaintiff may be allowed to live therein and they may not further transfer the property.;