Judgment

Mr. Namit Kumar, J.

This Regular Second Appeal is directed against the judgment and decree dated 31.01.2017 passed by the Court of learned Civil Judge (Junior Division), Mewat, whereby suit of the appellant-plaintiff for declaration and possession with permanent injunction was dismissed as well as against the judgment and decree dated 06.09.2017 passed by the Court of learned District Judge, Mewat, vide which the appeal filed by the appellant-plaintiff against the judgment and decree of the trial Court, has been dismissed.

2. For convenience sake, reference to parties is being made as per their status in the civil suit. Brief facts of the case are that plaintiff filed a suit for declaration and possession with permanent injunction pleading therein that defendant No.1 was the holder of joint Hindu ancestral property bearing Khewat/Khata No. 142/164, Rect. No. 35, Killa No.11/2(3-2), 20(8-0), Rect. No.36, Killa No.15/2(2-19), 16(7-12), Rect. No.38, Killa No.1(5- 12), 2(8-0), 3/1(3-16), 8/2(3-16), 9/1(1-4), Rect. No.45, Killa No.10/2(4- 8), 11(7-11), 20/1(4-18), Rect. No.54, Killa No.21/11/2(0-1), Khasra No. 208(0-19), total measuring 62 Kanal 08 Marla to the extent of 1/8th share which comes to 7 Kanal 16 Marla, Khewat/Khata No.134/156, Rect. No.42, Killa No.3/1(3-7), 7(7-9), 8/1(6-0), 8/2(2-0) total measuring 18 Kanal 16 Marla to the extent of 1/8th share which comes to 2 Kanal 07 Marla, Khewat/Khata No.513/615, Rect. No.77, Killa No.15/3(2-7), 16/1(3-13) which comes to 6 Kanal 00 Marla to the extent of 1/4th share which comes to 1 Kanal 10 Marla, Khewat/Khata No.490/591, Rect. No.77, Killa No.14(8-0), 15/2(1-17), Rect. No.92, Killa No.6(7-12), 7/1(5- 0) total measuring 22 Kanal 09 Marla to the extent of 1/8th share which comes to 2 Kanal 6 Marla and Khewat/Khata No.511/613, Rect. No.92, Killa No.27 area measuring 1 Kanal 4 Marla to the extent of 1/160th share which comes to grand total measuring 14 Kanal 9 Marla situated within the revenue state of village Jaurashi, Tehsil Tauru, District Mewat and defendant No.1 is grandfather of the plaintiff who is Karta of Joint Hindu Family. It has been submitted that father of the plaintiff died on 9.8.2006 leaving behind him as his only son and Smt. Manju as his widow but after the death of father of plaintiff, defendant No.1 became dishonest and in order to deprive the plaintiff from his birth right of inheritance in the suit land, was adamant and threatening the plaintiff without any reason and necessity. It has been further submitted that defendant No.1 was not competent to deprive the plaintiff from his right in the suit land and in this regard, plaintiff filed civil suit No. 369 of 2009 through his mother for permanent injunction restraining defendant No.1 from alienating the suit land wherein both the parties were directed to maintain status quo regarding existing position of the suit land but the mother of the plaintiff remarried with someone at Tauru after death of father of the plaintiff and she failed to protect the rights of the plaintiff and due to her nonappearance, the suit was dismissed in default and restoration application of that suit is pending. It has further been submitted that on 21.11.2014 defendant No.1 effected sale deed bearing vasika No. 2050 dated 21.11.2014 in favour of defendant No.2 and transferred the suit land in favour of defendant No.2 without any sale consideration and the impugned sale deed is without any legal necessity and is a sham paper transaction. It has been further submitted that defendant No.2 was not in a position to make the payment of Rs.75,00,000/- for sale consideration and therefore, the impugned sale deed is wrong, il