VEDRAM HUKUM SINGH Vs. TIKARAM

JUDGEMENT

(1.) Second Appeal No. 82 of 1992 filed by the plaintiff Vedram and Second Appeal No. 403 of 1992 filed by the defendant/purchaser Lekhram arising out of the judgment and decree dated 13-9-1991 passed by the Additional District Judge, Sakti to the Court of District Judge, Bilaspur in Civil Appeal No. 29-A/1990 are being disposed of by this common judgment.

(2.) The plaintiff - Vedram filed a civil suit No. 25-A/1975 before the Civil Judge, Class-2, Sakti, for declaration that the plaintiff and defendants No.2 to 5 are members of joint Hindu family and are co-owners of the disputed land and also that sale deed dated 28-2-1975 executed by his father, defendant Hukum Singh, in favour of defendant -Lekhram, is null and void. A permanent in-junction was also prayed for by the plaintiff for restraining the defendants from alienating the suit property to any one else.

(3.) The case of the plaintiff, in brief, was that one Banmali was the owner of the disputed lands and in his life time, there was no partition but as per family arrangement, the plaintiff was looking after the lands in Mouza Amliphali, Binautha, Kuraina and Pujripali and was in its possession. Defendant -Tikaram was looking after the lands situated in Mouza Salhe and Sursi and was in its pos-session. Defendant - Hukum Singh was look-ing after the lands in Mouza Khaira and was in its possession. His rights accrue to him not on the death of the father or inheritance from the father but with the very fact of his birth, and therefore, the whole property was ancestral. It was also alleged that by consent of the parties, names of the parties were sepa-rately entered in the small khata of revenue records.