Rajasthan High Court - Jodhpur
Lrs Of Dharma vs Roshani (2024:Rj-Jd:10694) on 4 March, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:10694]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 120/2022
1. Lrs Of Dharma, S/o Dalu Ram
2. Jai Narayan S/o Late Dharma Ram, Aged About 47 Years,
R/o Fefana Tehsil Nohar Distt. Hanumangarh.
3. Hanuman S/o Late Dharma Ram, Aged About 33 Years,
R/o Fefana Tehsil Nohar Distt. Hanumangarh.
4. Nathi W/o Late Dharma Ram, Aged About 84 Years, R/o
Fefana Tehsil Nohar Distt. Hanumangarh.
5. Seema D/o Late Dharma Ram, Aged About 54 Years, R/o
Fefana Tehsil Nohar Distt. Hanumangarh.
6. Vimla D/o Late Dharma Ram, Aged About 59 Years, R/o
Fefana Tehsil Nohar Distt. Hanumangarh.
----Appellants
Versus
1. Roshani W/o Mangtu Ram, R/o Fefana Tehsil Nohar Distt.
Hanumangarh.
2. Vikram S/o Mangtu Ram, R/o Fefana Tehsil Nohar Distt.
Hanumangarh.
3. Manisha D/o Mangtu Ram, Being Minor Through Natural
Guardian Mother Roshani W/o Mangtu Ram, R/o Fefana
Tehsil Nohar Distt. Hanumangarh.
4. Pati W/o Raja Ram, R/o Fefana Tehsil Nohar Distt.
Hanumangarh.
5. Vinod S/o Raja Ram, R/o Fefana Tehsil Nohar Distt.
Hanumangarh.
----Respondents
For Appellant(s) : Mr. Ganga Ram.
For Respondent(s) :
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
04/03/2024
1. Heard learned counsel for the appellants.
[2024:RJ-JD:10694] (2 of 3) [CSA-120/2022]
2. The background of this second appeal is that the
plaintiffs/respondents brought Civil Original Suit No. 287/2006
against Dharma Ram & Ors. for permanent injunction, restraining
them from transferring the suit property marked with red colour in
the map attached with the plaint. Further prayer was for
restraining the defendants from dispossessing the plaintiffs from
the suit property. The defendants appeared in the suit and raised
defence that infact Raja Ram, the father of the plaintiff Mangtu
Ram had executed an agreement to sale dated 31.5.1987 in
favour of Chunni Ram, the full brother of Raja Ram, whereby, Raja
Ram transferred the suit property to Chunni Ram on receipt of
consideration money of Rs.3000/-. Chunni Ram died leaving
behind a daughter and the daughter exchanged the said property
with the petitioners and thereafter, the petitioners are in
possession. Learned trial Judge was of the view that the
agreement to sale was not a registered document, therefore, no
title passed to the transferee of Raja Ram and on consideration of
other issues as well, decreed the suit by the impugned judgment
and decree dated 31.7.2015. The decree of the aforesaid suit was
challenged in Civil Regular Appeal No. 29/2015 and the appeal
was also dismissed by judgment and decree dated 7.9.2021.
Hence, this second appeal.
3. Following questions have been raised as substantial
questions of law involved in this appeal:-
"(I) Whether the suit for permanent injunction is
maintainable without establishing the possession?
(II) Whether question of the registration of agreement to
sale can be determined in the suit of permanent injunction?
[2024:RJ-JD:10694] (3 of 3) [CSA-120/2022]
(III) Whether the plaintiffs are entitled permanent
injunction over the plot of possession and title of the
defendants?
(IV) The appellants crave leave to add and supplement
more substantial question of law at the time of arguments."
4. The question number 1 aforesaid is a mixed question of law
and fact and would require re-appreciation of evidence to see the
correctness of finding on possession of the parties litigating, which
is not permissible at this stage. Similarly, question no. 2 cannot be
agitated in this second appeal as the law is well settled that no
title passes to a property which has value of more than Rs.100
unless, a registered sale deed is executed as required under
Section 17 of the Registration Act, 1908. Likewise, question no.
3 above would require re-appreciation of evidence. No other
questions have been raised having substance of substantial
questions of law. Therefore, this second appeal stands dismissed
as devoid of any merit.
(BIRENDRA KUMAR),J
41-sumer/-
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