BHAGO RAM Vs. TARA BAI

JUDGEMENT

(1.) The instant appeal has been preferred by defendants 2 to 10 against the judgment and decree dtd. 6/2/2006 passed by 2nd Additional District Judge, Raigarh in Civil Suit No.6A of 2006, whereby the plaintiff's suit has been partly decreed.

(2.) During pendency of the suit itself, original plaintiff Tarabai and original defendant 1 Panchu died. Present plaintiffs 1 to 3 Lakhanbai, Badku and Ghotku are legal heirs of original plaintiff Tarabai and present defendant 1 Sundari is legal heir of original defendant 1 Panchu.

(3.) Facts of the case, in short, are that original plaintiff Tarabai instituted a declaratory suit, being Civil Suit No.6A of 2006 against the defendants seeking declaratory relief to the effect that the sale deeds dtd. 28/2/1995 and 15/3/1995 executed by original defendant 1 Panchu in respect of the lands as shown in Schedules A, B and C appended with the plaint be declared void. The original plaintiff consequently sought further declaration to the effect that the purchasers/defendants 2 to 10 did not have obtained any right over the lands. She further sought restoration of possession over the lands as shown in Schedules A, B and C.