MOHAMMED ISMAIL Vs. MOHAMMED AKBAR

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel for the appellant.

(2.) The suit is filed for the relief of declaration to declare that the sale deed dtd. 4/6/1938 is null and void and the partition among the members of the family of the defendants vide partition deed dtd. 6/7/2015 is not binding on the plaintiff and also claimed the relief that the plaintiff is the absolute owner of the property. The defendants appeared and filed the written statement contending that the very suit itself is barred by limitation and already there was a sale deed and among the family members of the defendants there was a partition and hence the suit itself is not maintainable and the plaintiff is not entitled for the relief of declaration and possession. The Trial Court having considered both oral and documentary evidence placed on record comes to the conclusion that there was a sale deed of the year 1938.

(3.) The learned counsel for the appellant would vehemently contend that there was no any sale consideration. The Trial Court having considered the oral evidence of P.W.1 to P.W.3 and D.W.1 and the documentary evidence of Exs.P.1 to 15 and Exs.D.1 to 27, answered issue Nos.1 to 3 and 5 in the negative and answered issue No.4 in the affirmative in coming to the conclusion that the suit is barred by limitation and the plaintiff is not entitled for any relief of declaration and possession.