RAM AVTAR KORI Vs. MADANLAL BHARDWAJ

JUDGEMENT

(1.) This second appeal preferred by the plaintiff / appellant was admitted for hearing by formulating the following substantial question of law: -

(2.) The suit property including suit land with kutcha house situated therein was purchased by father of the plaintiff, who was earlier defendant No.2 Kanhaiya Kori, by registered sale deed dated 29-2-1968 (Ex.D-4) from one Rajim Bai and he remained in possession and the said kutcha house was constructed by him. Defendant No.2 Kanhaiya Kori sold the suit property in favour of defendant No.1 Madanlal Bharadwaj by sale deed dated 21-1-2003 (Ex.D-1). Thereafter, the plaintiff, son of original defendant No.2, filed suit on 24-1-2003 stating inter alia that though his father defendant No.2 (who died during the pendency of suit) has purchased the suit land in his own name, but sale consideration was paid by him, and it was got registered in the name of his father defendant No.2 on which his father had no right and title and therefore he had no right to alienate the suit property in favour of defendant No.1 and he sought decree for declaration of title and permanent injunction in which defendant No.1 setup the plea that he has purchased the suit property by registered sale deed and there is presumption that it is valid transfer of title and valid title has been passed in favour of defendant No.1 therefore the suit deserves to be dismissed.

(3.) The trial Court after appreciating oral and documentary evidence available on record decreed the suit granting decree for declaration of title and permanent injunction in favour of the plaintiff which was reversed by the first appellate Court on appeal being preferred by defendant No.1 leading to filing of second appeal by the plaintiff in which substantial question of law has been formulated and set out in the opening paragraph of this judgment for the sake of completeness.