IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

144 CM-7394-C-2025 in/and RSA No.2169 of 2025 (O&M)

Date of Decision :01.07.2025 Rajbir and others ......Appellants Versus Mayawati and others ...... Respondents CORAM: HON'BLE MR.JUSTICE VIKRAM AGGARWAL Present: Dr. Pankaj Nanhera, Advocate for the appellants.

VIKRAM AGGARWAL, J . (Oral) :

CM-7394-C-2025 Prayer in the present application is for condonation of delay of 85 days in re-filing the appeal.

For the reasons mentioned in the application, the same is allowed and the delay of 85 days in re-filing the appeal is condoned.

RSA No.2169 of 2025 Plaintiffs are in second appeal against the judgment and decree dated 20.11.2024, passed by the Court of Additional District Judge Bhiwani, dismissing the appeal filed against the judgment and decree dated 21.12.2016, passed by the Court of Additional Civil Judge (Sr. Divn.), Siwani, vide which the suit for declaration and permanent injunction was dismissed.

2. For the sake of convenience and clarity, parties shall be referred to as per their original status.

3. Plaintiffs (Rajbir, Surender and Krishan) claimed to be the grandsons of one Har Chand. Defendant No.1 (Mayawati) is their mother.

They filed a suit for declaration and permanent injunction seeking the following relief:-

“It is, therefore, prayed that the suit of the plaintiffs for declaration to the effect that transfer of land measuring 119 kanals 11 marlas i.e. 3/7 share of land measuring 278 kanals 19 marlas comprised in khewat No. 15/13min khatoni No 34 total kitas-45 situated in the revenue estate of Naloi. Tehsil Siwani District Bhiwani, as per latest jamabandi for the years 2002-03 and now comprised in Khewat No. 15715 khatoni No.34 as per latest jamabandi for the years 2007-08, by the defendant No.1 to the defendant No.2 vide registered sale deed No.332 dated 06-06-2007 registered with the office of Joint Sub Registrar, Siwani and mutation No. 1542 dated 10-7-2007 and further entries in the revenue record till the latest jamabandi showing the defendant No.1 as owner to the extent of 398/5579 share and the defendant No.2 to the extent of 3/7 share of land measuring 278 kanals 19 marlas as per latest jamabandi for the years 2007-08, are an act of malafide to defeat the right of inheritance of the plaintiffs and defendant No.6 and Performa defendants No.7 and 8, who have acquired the right by birth being the ancestor and coparcenery property, without the consent of the plaintiffs, defendant No.6 and Performa defendants, who are coparceners, without consideration, shame transactions, without any legal necessity, not an act of good management, based on misrepresentation and are liable to be so declared and the defendant No.2 has not acquired any right, title or interest in the land measuring 119 kanals 11 marlas on the basis of the impugned sale deed No.332 dated 06-06-2007 and mutation No. 1542 dated 10-7-2007 and further transfer of land measuring 19 kanals 18 marlas i.e. 398/5579 share by the defendant No.1 to the defendant No. 6 Raj Kumar vide judgment and decree dated 30-10-2009 passed in Civil Suit No 53/2011 tilled as Raj Kumar Vs Mayawati passed by the court of Shri Peeyush Gakhar Civil Judge (Junior Division) Bhiwani and mutation No.1684 dated 2-1-2012 is without authority and against the interest of the plaintiffs and Performa defendants and are liable to be set aside and further subsequent sale of land measuring 119 kanals 11 marlas by the defendant No.2 to the defendant No.3 Chandro Devi vide sale deed No.388 dated 08-06-2011 and further subsequent sale of land measuring 119 kanals 11 marlas by the defendant No.3 to defendant No.4 Lado Devi vide sale deed No.830 dated 29-07-2011 and mutation No 1672 dated 01-09-2011 and also mortgage of land measuring 119 kanals 11 marlas by the defendant No.4 in favour of the defendant No.5 vide registered mortgage deed No.2889 dated 19- 03-2012 registered with the office of Sub Registrar Siwani, are wrong, illegal, null and void an