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2022 Supreme(Raj) 2997

SUDESH BANSAL
Prahlad Singh – Appellant
Versus
Ram Kumar – Respondent


Advocates Appeared:
Mr. H V Nandwana, for the Appellant

JUDGMENT

1. Appellants-plaintiff have preferred this second appeal under Section 100 of Code of Civil Procedure, assailing the judgment and decree dated 18.09.2021 passed in Civil First Appeal No.11/2021 by the Court District Judge, Jhunjhunu (Raj.), affirming the judgment and decree dated 11.09.2020 passed in Civil Suit No.53/2019 by the Court of Civil Judge, Jhunjhunu (Raj.) whereby and whereunder the civil suit for cancellation of the sale deed dated 8.1.1981 and permanent injunction has been dismissed on merits.

2. Heard learned counsel for appellant & perused the impugned judgments.

3. It appears from record that in relation to lands in question, one sale deed dated 8.1.1981, was executed by Shubhkaran, father of plaintiffs in favour of defendant No.1 Ram Kumar. Shubhkaran passed away in the year 2003 and thereafter plaintiffs have instituted the present civil suit for cancellation of that sale deed on 22.5.2019. Plaintiffs have pleaded that sale deed dated 8.1.1981 is a forged document & signature of their father thereupon is also forged and further the sale deed is void in view of Section 42(a) of the Rajasthan Tenancy Act, 1955 (hereinafter referred as ’the act of 1955’). Plai

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