The burden of proof lies with the plaintiff to establish their case by producing evidence.

JUDGMENT

H.S. Madaan, J. - Plaintiff Rajinder Singh had brought a suit against Jagran Agent Private Limited, New Delhi through its Managing Director/Shri Rakesh Kumar and Ajmer Singh for declaration with joint possession with permanent injunction on the averments that the suit land measuring 27 Kanals 16 marlas being 556/1113 share of the total land measuring 55 Kanals 13 marlas comprised in khewat No.61 situated at village Salvan, Tehsil Thanesar, District Kurukshetra was ancestral coparcenary property of the plaintiff, however, Sh.Ajmer Singh had allegedly sold the suit land to defendant No.1 Jagran Agent Private Limited, New Delhi vide impugned sale deed No.8282/1 dated 25.11.2005 for a sum of Rs. 27,80,000/-; that mutation has since been sanctioned on the basis of that transaction. According to the plaintiff, the impugned sale deed executed by his father arrayed as defendant No.2 in the suit in favour of defendant No.1 Jagran Agent Pvt. Ltd., New Delhi as well as mutation sanctioned on the basis of thereof are illegal, null, void, inoperative for the reason that defendant No.2 father of the plaintiff had no legal necessity to alienate the suit land; that the sale deed is without consideration; that the market value of land was more than Rs. 50 lacs per acre but in the impugned sale deed amount shown is very less; that defendant No.2 was not the exclusive and absolute owner in possession of the suit land, which had nature of ancestral coparcenary property qua plaintiff and defendant No.2 etc. According to the plaintiff, when defendant No.1 tried to alienate the suit property by converting it into plots and changing its nature, feeling threatened the plaintiff brought the suit in question.

2. On notice, defendant No.1 appeared and filed written statement taking various preliminary objections challenging the maintainability of the suit, locus standi of the plaintiff to file the suit, cause of action having not arisen to the plaintiff to bring the suit etc. On merits, such defendant submitted that neither the suit land is ancestral nor coparcenary property of the plaintiff; that the plaintiff has no concern with it; that the sale deed was executed by defendant No.2 for legal necessity being karta of the family and it was an act of good conduct on his part; that the sale deed in question is legal and valid and plaintiff is no body to challenge its legality or validity; that defendant No.2 being exclusive owner in possession was competent to execute the sale deed; that the possession had been handed over to the answering defendant and out of greed due to rise in price, the plaintiff in collusion with his father defendant No.2 has filed the present suit. In the end, such defendant prayed for dismissal of the suit.

3. Notice of the suit was given to defendant No.2, who had earlier put in appearance but subsequently absented from the Court, As such he was proceeded against ex parte vide order dated 13.12.2007.

4. Replication was not filed. On the pleadings of the parties, following issues were framed vide order dated 13.2.2009:

1. Whether the sale deed No.8282/1 dated 25.11.2005 and revenue entries based upon the same are illegal, null and void and liable to be set aside and plaintiff is owner in joint possession over the suit land and entitled to relief of injunction as claimed against the defendants? OPP.

2. Whether the suit of the plaintiff is not maintainable in the present form? OPD.

3. Whether the plaintiff has no cause of action and locus standi to file and maintain the present suit? OPD.

4. Whether the plaintiff is estopped by his own act and conduct from filing the present suit? OPD.

5. Whether the plaintiff has concealed the true and material facts from the Court? OPD.

6. Whether the suit of the plaintiff has not been properly valued for the purposes of Court fee? OPD.

7. Whether this Court has no jurisdiction to entertain, try and decide the present suit? OPD.

8. Whether the suit is bad for non-joinder and mis-joinder of