BODHIRAM YADAV Vs. GURUSHARAN SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 25/1/2016 passed by the Ninth Additional District Judge, Raipur, in civil suit No.139-A/15 whereby the suit preferred by the plaintiff for cancellation of sale deed has been dismissed. Being aggrieved by such judgment, the present appeal.

(2.) (i) The facts, in brief, as pleaded by the plaintiff, are that the plaintiff was the owner of land bearing khasra No.338/7 & 339/2 admeasuring 0.069 hectares and khasra No.338/13 & 339/4 admeasuring 0.263 hectares total admeasuring 0.332 hectares situated at village Devpuri, PH No.37, RI Circle Raipur-2, Tahsil & District Raipur. Plaintiff stated that apart from that land, the other landS bearing khasra No.338/8 admeasuring 0.218 hectares and khasra No.338/14 & 339/5 admeasuring 0.109 hectares total admeasuring 0.327 hectares was sold by the plaintiff Bodhiram Yadav on 13/7/2011. However, the suit land, which bears khasra No.338/7 & 339/2 admeasuring 0.069 hectares and land bearing khasra No.338/13 & 339/4 admeasuring 0.263 hectares, were never sold by the plaintiff to the defendant. Plaintiff also stated that when he received the mutation notice on 25/5/2015 he came to know about execution of sale deed.

(3.) The defendant No.1 remained ex parte in the suit.