Smt Nosar vs Smt Nandu And Others
2022 Latest Caselaw 4968 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 831/2011

Smt Nosar
                                                                        ----Appellant
                                    Versus
Smt Nandu And Others
                                                 ----Respondents-Defendants

For Appellant(s) : Mr. Vinodi Lal Mathur Mr. Amit Dhawan For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

20/07/2022 Appellant-Defendant has filed this second appeal under

Section 100 CPC against the judgment and decree dated

30.10.2010 in Civil Appeal No.36/2009 by the Additional District

Judge Fast Track No.3, Ajmer, Camp Kishangarh, dismissing the

appeal and affirming the judgment and decree dated 19.02.2008

in Suit No.78/1997, by the Additional Civil Judge (Jr. Division),

Kishangarh, Ajmer whereby and whereunder respondent-Plaintiff's

suit for permanent injunction has been decreed.

Learned counsel for appellant-defendant submits that Mst.

Barji sold the suit property to defendant No.1-Hanuman through

sale deed dated 27.11.1975 and handed over possession, but

thereafter she again executed the sale deed dated 26.12.1978 in

favour of plaintiffs, whereas the possession was with the

defendant No.1-Hanuman.

Thereafter, defendant No.1 transferred the possession to the

appellant-defendant No.5-Smt. Nosar through document dated

(2 of 2) [CSA-831/2011]

01.09.1994 for sale consideration of Rs.6,000/- and since then the

appellant-defendant is in actual possession of the suit property

and residing therein.

Learned counsel for the appellant submits that in such

situation, plaintiffs were not in possession of the suit property and

their suit for permanent injunction was not maintainable at all and

the courts below have committed illegality in decreeing plaintiffs'

suit.

Heard learned counsel for the appellant.

The matter requires consideration, hence the second appeal

is admitted for hearing on the following substantial questions of

law:-

"1. Whether two courts below have committed perversity in not examining the sale deed dated 27.11.1975 in favour of defendant No.1 and subsequent sale deed dated 26.12.1978 was executed in favour of plaintiffs without possession by Mst. Barji?

2. Whether the suit for permanent injunction instituted by respondent-plaintiffs has wrongly been decreed, whereas the suit property is in actual and physical possession of the appellant-defendant No.5?"

Issue notice.

Record has already been summoned.

Heard on the stay application.

In the meanwhile and till further orders, the operation of

impugned judgment and decree dated 19.02.2008 shall remain

stayed with further direction that both parties shall maintain

status quo with regard to suit property, as it exists today.

(SUDESH BANSAL),J

TN/1

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