CHANDRAKANT BAGH Vs. ARVIND BAGH

JUDGEMENT

(1.) Instant appeal is against the judgment and decree dtd. 07/02/2020 passed by the District Judge, Raipur in Civil Suit No. 60-A/2017 whereby suit preferred by the plaintiff/appellant claiming partition and cancellation of the sale deed was dismissed. Being aggrieved by such order, the present appeal.

(2.) Brief facts of this case are that, one Dr. Ramchandra Bagh, the father of defendant No.1 namely Arvind Bagh, defendant No.5 Prakash Bagh and defendant No.6 Smt. Vasanti Barhad Pandey purchased a property i.e. plot no.31 comprised in khasra No.305/2 admeasuring 80x50 sq.ft. by a sale deed dtd. 25/01/1969 (Ex.P-15). According, to the plaintiff, the house was constructed over the said plot in 1971. Subsequently, Dr. Ramchandra Bagh died intestate on 17/06/1977. Thereafter, on the said house, Usha Bagh wife of Dr. Ramchandra Bagh alongwith his son Arvind Bagh were residing. During her life time, Usha Bagh executed a sale on 19/10/2015 wherein Arvind Bagh, one of the son gave his consent. The sale deed was executed in favour of defendant No.2 Omprakash Ahuja, defendant No.3 Neeta Athwani, defendant No.4 Mohit Athwani. Usha Bagh died on 29/12/2016. After her death, the plaintiff sent a notice for partition but eventually having not been acceded, after exchange of notice, civil suit was filed on 25/11/2017 whereby Dr. Chandrakant Bagh demanded share and for appointment of a commissioner to carry out partition. Further the prayer was also to the extent that sale deed dtd. 19/10/2015 be declared null and void. The prayer was also made that permanent injunction be granted in favour of the plaintiff that the nature of property should not be changed.

(3.) Arvind Bagh, defendant No.1 one of the brother denied the averments of plaint and stated that the entire suit property was bequeathed in his favour by Usha Bagh by a WILL and they were residing in the said house without any protest, as such, the plaint was liable to be rejected.