DARASMATI Vs. MASAT RAM

JUDGEMENT

(1.) Appellant has preferred this Civil Appeal against the impugned judgment and decree dated 26-2-2008 passed by 1st Additional District Judge, Baloda Bajar (CG) in Civil Suit No. 31-A/2006 whereby and whereunder he dismissed the suit of appellants.

(2.) The pedigree is admitted by respondent No. 1. This is also admitted by respondent No. 1 that he is the cousin brother of appellants, the father of the appellants namely Kalaram has died, he had executed registered sale deed on 31-7-2002 in favour of him regarding disputed land khasra No. 146/1 area 0.267 hectare, Khasra No. 176/1 area 0.073 hectare and Khasra No. 298/1 area 0.077 hectare total Khasra No. 3 area 0.417 hectare situated at village Girwani. The pedigree is as follow :-

(3.) In brief, the appellant's case is that her father was aged about 75 years, taking the undue advantage of his old age and his mental imbalance, respondent No. 1 got executed the sale deed. No consideration was paid to him. They and her father were joint owner of disputed land but no consent was obtained from appellants.