Validity of sale-deed and ownership rights prevailed over the claim under U.P. Act No. 1 of 1951.

Anil Kumar,J.

Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri Moinuddin learned counsel for the appellant and Sri Prabhat Narain , learned counsel for the respondents. Present second appeal is directed against the judgment and decree dated 3.8.1979 passed by Civil Judge, Pratapgarh and the judgment and decree dated 24.2.1978 passed by Munsif, Pratapgarh.

2. The factual matrix involved in the present case are that the plaintiff-respondent Dost Mohammand filed a suit for injunction and the possession registered as Suit no. 167 of 1973 before the Munsif, Pratapgarh . In the plaint, case as set up by the plaintiff-respondents was that the disputed plot i.e. plot no. 283 area two bishwa situated in village Bahrupur Majre Kandhai Madhupur District Pratapgarn is a 'abadi' land (hereinafter referred to as ' land in dispute') initially the same belongs to one Smt. Rasheeda, who by way of registered sale-deed 27.9.1969 had sold the diputed land in favour of Sri Iqballuddin and Sri Minhajuddin, subsequently thereafter by way of registered sale deed dated 25.4.1973 the same was sold by the said persons, namely, Iqballuddin and Minhajuddin to the plaintiff- respondent. In the month of May, 1973, Sri Neemer (appellant/defendant) had started constructions on the land in dispute which obstruct the way of the plaintiff as such the suit in question had been filed by him.

3. Sri Neemer (now deceased) defendant/appellant filed a written statement inter alia denying the averments made by the plaintiff and stated that the disputed land belongs to him and he is the owner of the same in view of the provisions as provided under Section 9 of the U.P. Act No. 1 of 1951.

4. It was further submitted by him in his written statment that Smt. Rasheeda was not the owner of land in dispute as such she had no right to execute the sale-deed in favour of Sri Iqballuddin and Sri Minhajuddin so the subsequent sale-deed executed by said persons in favour of the plaintiff is void as they have no jurisdiction to execute the same in favour of the plaintiff and neither Iqballuddin and Minhajuddin nor plaintiff have possession over the disputed land.

5. The trial court in order to adjudicate and decide the controversy had framed eight issues, out of which issue nos. 1 and 2 (English version of same) are as under:-

1. Whether the plaintiff is the owner of the disputed land ?

2. Whether the defendant is the owner of the disputed property as stated ?

6. On the basis of the pleadings; documentary and oral evidence on record, specially taking into consideration the commissioner's report submitted by the learned Commissioner which was confirmed subject to evidence led by the parties, the trial court had recorded a findings that the appellant-defendant was not able to prove that the land in dispute did not belong to Smt. Rasheeda, so the sale-deed executed in favour of the plaintiff (Dost Mohammad) by Iqballuddin and Minhajuddin who had purchased the same from Smt. Rasheeda by way of sale-deed dated 27.9.1969 is perfectly valid.

7. The trial court had also given a categorical finding while deciding the issue nos. 1 and 2 that defendant ( SriNeemer)was the neighbor of Smt. Rasheeda, who had executed the sale-deed in favour of Iqballuddin and Minhajuddin so it was totally incorrect on his part to say that he had no knowledge in respect of execution of sale deed and as he had not taken any steps for cancellation the sale-deed executed in favour of Iqballuddin and Minhajuddin with the statutory period of limitation as provided for the said purpose. So he cannot challenge the sale-deed (dated 25.4.1973) executed in favour of the plaintiff by them on the ground that Smt. Rasheeda had got no right to execute the sale deed(27.9.1969) in their favour, accordingly, the trial court by means of the judgment and decree dated 24.2.1978 decreed the suit in favour of the plaintiff .

8. Appellate court while dismissing the appeal vide judgment and decree dated 3.8