VAMAN SHARMA Vs. NAMITA BAIDHMUTHA

JUDGEMENT

(1.) Heard.

(2.) The instant appeal is filed against judgment and decree dtd. 30/10/2018 passed by 1st Additional District Judge, Durg (CG) in Civil Suit No.123-A/2016, whereby the suit filed for declaration, injunction and cancellation of the sale deed dtd. 11/7/2013 (Ex-P/1) was dismissed. The plaintiffs/appellants filed a suit claiming for cancellation of the sale deed dtd. 11/7/2013 (Ex-P/1) executed by Gulabchand Dubey/defendant No.2 in favour of Smt. Namita Baidhmutha/defendant No.1 to be void one. To appreciate the rights, the relation of parties would be necessary. Description of the parties i.e. the plaintiffs/appellants and defendant No.2 (since deceased) shown herein as under:- <IMG>JUDGEMENT_101_LAWS(CHH)1_2023_1.jpg</IMG>

(3.) The plaintiffs/appellants contended that without any legal necessity, Gulabchand Dubey, father of the plaintiffs/appellants has sold the following khasra Nos. i.e. Khasra Nos.292/2 area 0.148 hectare, 328/2 area 0.103 hectare, 345/2 area 0.054 hectare and 370/2 area 0.050 total area 0.355 hectare by a registered sale deed dtd. 11/7/2013, they be declared void while in respect of one Khasra No.202/2, declaration and injunction was sought for. The plaintiffs contended that Vaman Sharma, who was born on 30/8/2001 and Ku. Namrata Sharma, born on 17/11/1997 and Smt. Naina born on 11/2/1992, have joint share in respect of the property as the property fell to the share of Gulabchand through their ancestors thereby the nucleus of devolution is not self acquired. It is contended that despite the fact that the plaintiffs have vested right in the property, Gulabchand exclusively without any legal necessity sold the property to the respondent No.1/defendant No.1, which requires to be cancelled and apart from it, in respect of Khasra No.202/2, declaration and injunction order may be passed.