Rajesh Chhabra vs Radhey Lal Jeswani And Others

Headnote AI-drafted · Reviewed and approved

The plaintiff-appellant filed two first appeals before the Allahabad High Court challenging a common judgment and decree dated 9.12.2010 passed by the Additional District Judge/Special Judge (EC Act), Jhansi, which rejected two suits filed by the appellant. The first suit (O.S. No. 129 of 2005) sought a declaration that an agreement to sell dated 20.4.2005, executed by defendants No. 2 and 3 in favour of defendant No. 1 in respect of bungalow No. 329, Jhokan Bagh, Jhansi, was void, along with a permanent injunction restraining the defendants from demolishing, alienating, transferring, or altering the said bungalow. The second suit (O.S. No. 365 of 2006) sought a declaration that registered sale deeds dated 15.05.2006, registered on 20.07.2006, executed by Smt. Savita Chhabra and Rishav Chhabra in favour of defendants No. 1 to 5 in respect of the same bungalow, were void, along with a similar permanent injunction.

The appellant's case was founded on the contention that the disputed house originally belonged to the joint Hindu family of the heirs of Late Sardari Lal Chhabra, and pursuant to a family partition in 1980, the property devolved upon the appellant's father Mangal Sen Chhabra. This partition was affirmed by a decree in O.S. No. 28 of 1996, which declared Mangal Sen Chhabra as the owner in possession of the property and held that other defendants had no right, title, or interest therein. Subsequent proceedings, including a miscellaneous application and a miscellaneous appeal filed by defendants No. 2 and 3, were dismissed, leaving the decree intact. The appellant further claimed title through a family partition between him and his father, confirmed by a decree in O.S. No. 539 of 2000.

Both the original suits were consolidated by the trial court and decided by the common impugned judgment. The two first appeals were tagged and heard together before the High Court and disposed of by a common judgment, examining the legality of the agreement to sell and sale deeds executed by persons who, according to the appellant, had no subsisting right, title, or interest in the disputed property in view of the earlier decrees.

Catchwords: First Appeal · declaration · agreement to sell · sale deed · void document · joint Hindu family · family partition · decree · title · permanent injunction · consolidation of suits · landlord-tenant · UP Rent Control Act