The sale deed for the property did not require permission from the Collector, and the suit was maintainable without a declaration of title.

JUDGMENT :

1. This is defendant No. 4's first appeal under Section 96 of the Code of Civil Procedure arising out of judgment and decree passed by the learned District Judge (FTC), Dhamtari (C.G.) passed on 13.12.2010 in Civil Suit No. 12-A of 2010 filed by the plaintiff wherein in the suit filed by the plaintiff has decreed in favour of the plaintiff directing the defendant to give vacant possession of the suit property bearing Khasra No. 222/22 area 156 Sq.ft. within one month from the date of the judgment and decree.

2. For convenience plaintiff and defendant are termed as it exists before the trial Court.

3. The brief facts as reflected from the record are that plaintiffs have filed civil suit before the learned trial Court for grant of injunction and possession mainly contending that property bearing Khasra No. 222/22 area 156 Sq.ft. situated at village Kurud P.H. No. 29 Revenue Circle and Tahsil Kurud District Dhamtari situated in old Abadi land situated at Ward No. 14 was purchased through registered sale deed from defendant No. 1 executed on 24.07.2006 by plaintiff No. 2. It is contended that in the plot one Kaweli house in deteriorated condition constructed in 100 Sq.ft and open area of 56 sq.ft are situated which in the foregoing paragraphs referred to as suit property. After purchase the plaintiff has moved before the District Panchyat Kurud for obtaining NOC for construction and has given work order for constructing the house. The construction was completed in December, 2007. The plaintiff No. 1 who is lawyer by profession while going to Dhamtari on 22.10.2007 saw that there was lock in the door of the house. When he enquired from the defendants No. 2 to 4 it was revelead that due to family dispute they have locked the door, the dispute will be decided by other lawyer L.P. Goswami and the negotiations are going on. In the meantime when he was going to Tahsil Office on 29.10.2007, he saw that the wall was broken and it was informed to him that defendants No. 2 to 4 have broken the wall. It has also been contended that the action of defendants No. 2 to 4 suffers from malafide. They have also misbehaved with him. Therefore, he has lodged FIR before the Police Station, Kurud on 30.10.2007. It has been alleged that defendants No. 2 to 4 to grab the property of the plaintiffs have put certain allegation against him which has necessitated the plaintiffs to file the civil suit and prayed that defendants be kindly restrained from interfering peaceful possession of the plaintiffs over the suit property and also prayed that the defendants No. 1 to 7 be dispossessed from the suit property and possession be handed over to the plaintiffs.

4. Defendants No. 1 to 7 have filed their written statement contending that the property does not belong to defendant No. 1 as it was received by defendant No. 5 in the partition. She has no right to sell the property. It is further contended that defendant No. 1 belongs to tribal community. She engaged plaintiff No. 1 as her counsel who took signature of the defendant No.1 on the blank paper which has been misused by the plaintiffs and the forged sale deed has been executed. It is further contended that plaintiff No. 1 has never given Rs. 40,000/- to defendant No. 1 and as such no sale deed has been executed. The property is still in possession of defendant No. 5 and he is also paying the taxes. It has also been contended that construction has been carried out by the defendant No. 5 therefore, defendants No. 4 and 5 have lodged FIR on 19.10.2007. It is further contended that defendant No. 5 has locked the door just to secure the property. The plaintiff has only filed suit for injunction and possession whereas declaration has not been sought. Without declaration the suit is not tenable and would pray for dismissal of the suit.

5. On the basis of pleadings of the parties, learned trial Court framed as many as 9 issues. Issue Nos. 7, 8 and 9 are relevant, which are extracted below :-

(I) Whether the sui