MUKTA GUPTA, J.

1. These two petitions are being disposed of by a common judgment as the facts in the two petitions are similar and vide identical impugned orders dated 9th July, 2013 learned Civil Judge dismissed the applications of the petitioner under Order VII Rule 11 read with Section 151 CPC.

2. The respondents in the two petitions filed suits for declaration and injunction against the petitioner/defendant praying for cancellation of the sale deeds dated 2nd November, 1987. In the suits it was pleaded that Sohan was the Bhumidar of agricultural land comprising in khasra No. 2125 measuring (4-16) in Suit No. 244/11 and khasra No. 2126 measuring (6-18) situated in the revenue estate of village Rajokri in Suit No. 243/2011. After the death of Sohan the ownership in the land devolved on his two sons i.e. Prabhu and Hemraj having inherited one-half share each. Mutation was sanctioned in favour of Prabhu and Hemraj in the revenue records. Hemraj died on 22nd July, 1976 and after his death the said half portion of the land was inherited by Mam Chand and late Ratan Lal the second son and father of plaintiffs Charan Singh and Bhagwan Singh. In CS No. 244/11 Charan Singh and Bhagwan Singh S/o of late Rattan Lal are the plaintiffs whereas in CS No.243/11 Mam Chand, Charan Singh and Bhagwan Singh are the plaintiffs. Rattan Lal F/o Charan Singh and Bhagwan Singh and brother of Mam Chand died on 9th January, 1987. It is alleged that M/s. Visa Agro the defendants in the suit and the petitioner herein in collusion with some property dealers got executed and registered the sale deeds dated 2nd November, 1987 with regard to properties as mentioned above. After the execution and registration of the sale deeds dated 2nd November, 1987 of the respective share of Rattan Lal and Hem Raj, the petitioner/defendant also got sanctioned the mutation in its favour in revenue records on 21st November, 1988. It is stated that the thumb impression of late Hemraj and Rattan Lal on the sale deeds were forged and fabricated as Hemraj and Rattan Lal S/o of Sohan had died on 22nd July, 1976 and 9th January, 1987 respectively. It is stated that the possession of suit property always remained with the plaintiffs or their predecessor in interest and they were not in the knowledge of the sale deeds dated 2nd November, 1987 or the mutation order dated 21st November, 1988 as no notice was served to the plaintiffs or their predecessor in interest. The sale deeds dated 2nd November, 1987 purported to be executed by late Shri Rattan Lal and Hemraj predecessor in interest of the plaintiffs was never executed as he was not alive on the date of execution of the sale deeds. The plaintiffs/respondents came to know about the wholly null and void transactions, transfer documents between January, 2010 to September, 2010, they tried their best to find out the particulars and after obtaining the certified copies of the sale deeds, mutation records etc., the suits were filed and thus it was prayed that a decree, declaring the sale deeds dated 2nd November, 1987 as null and void be passed. A decree of permanent injunction in favour of the plaintiffs and against the petitioner/defendant restraining from transferring, alienating or creating third party interest in the suit properties was also prayed for.

3. In the written statement M/s. Visa Agro submitted that there was no forgery in the sale deeds. The land holdings of khasra No. 2142(4-16) were sold by Mam Chand, Rattan Lal and Prabhu on 2nd January, 1987 to Balbir Singh who sold the same to M/s. Visa Agro on 2nd November, 1987. In CS No. 243/11 it was stated in the written statement that plaintiff No.1/ Mam Chand was a co-executant to the other sale deeds registered in favour of M/s. Visa Agro in respect of land situated in Khasra No.2117 (2-11), 2118 (4-16), 2119 (4-16), 2125 (4-16) and 2146 (4-16) wherein he had included Rattan Lal F/o Charan Singh and Bhagwan Singh as co-executant. All the sale deeds were executed o