BHUKHARAM Vs. SURAJ KUMAR

JUDGEMENT

(1.) Appellant has preferred this Appeal against the impugned judgment and decree dated 13-1-2011 passed by Additional District Judge, Sakti Distt. Janjgir Champa in Civil Suit No. 34-A/2007 whereby and whereunder he decreed the suit of respondents No. 1 and 2.

(2.) This is admitted by respondents No. 1 to 5 that some lands including disputed land bearing Khasra No. 202 /4 admeasuring 1.12 acre were in the name of respondent No. 3 Heeraram at village Mukta. Respondent No. 3 had executed a registered sale deed on 20-3-2003 regarding disputed land in favour of deceased appellant Bhukharam. This is also admitted by deceased appellant Bhukharam and present appellants that respondents No. 1 and 2 had given notice to late Bhukharam which was not replied by him. This is also admitted by respondent No. 3 to 5 that father of respondent No. 1, 2, 4 and 5 is respondent No. 3 Heeraram, disputed land is ancestral property of them and respondents No. 1 and 2, they are in possession of disputed land. Taking the advantage of weak ability to understand and think due to old age of respondent No. 3 and administering liquor, deceased appellant Bhukharam got executed said registered sale deed from respondent No. 3 Heeraram. No possession was handed over of disputed land to late appellant Bhukharam. There was no necessity for sell of disputed land.

(3.) In brief, the case of respondents No. 1 and 2 is that no consideration was given to respondent No. 3 Heeraram by late Bhukharam. The said registered sale deed is not binding upon them. If it is found that they are not in the possession of disputed land then possession may be handed over to them. Permanent injunction may be granted against appellants.