PURANJAI PANDEY Vs. GOPI RAM

JUDGEMENT

(1.) Heard.

(2.) The appellant-plaintiff filed a suit seeking declaration and permanent injunction on the pleadings inter alia that Sudhakar, Padmakar and Bhogilal are sons of common ancestor Lallan Prasad Pandey. Family tree was described in para 2 of the plaint. The plaintiff's case was that the plaintiffs and defendant No.5 (widow of Sudhakar) had ancestral joint family property recorded in the joint account at Village Paraspali, P.H.No.7, Tahsil Kharasiya, District Raigarh and land measuring 1.659 Hectare, Khasra No.164/2 was also part of the family property. Further pleading was that defendant No.5-Triveni Bai illegally sold the land ad-measuring 1.659 Hectare in Khasra No.164/2 without any consideration, being victim of fraudulent transaction and the sale deed registered, showing payment of Rs.18,000/-. According to the plaintiffs, sale of land was done by Triveni Bai without consent and knowledge of the plaintiff, who were the joint holders and co-sharer along with Triveni Bai. Further case was that the sale deed was illegal, inoperative and void.

(3.) She, however, remained ex-parte during trial and on the basis of pleadings of the parties, learned trial Court framed following issues:-