SUBHADRA Vs. BHUPENDRA

JUDGEMENT

(1.) Heard on admission.

(2.) This second appeal has been preferred by the plaintiffs against the judgment and decree passed by the learned Ist Additional District Judge, Raigarh, in Civil Appeal No.7-A/2002, dtd. 30/8/2003, whereby the appeal preferred by the plaintiffs was dismissed and the judgment & decree passed by the learned Trial Court was affirmed.

(3.) The plaintiffs filed a suit to declare the sale deed dtd. 10/6/1991 (unregistered) pertaining to a room of House No. 34, admeasuring 20 ft. - 15 ft. = 300 sq. ft., situated at Village Banora, Tehsil and District Raigarh, null and void, inter alia, on the ground that the said property was ancestral property and without consent of the co-sharers, it was alienated by Ratnakar Panda in favour of defendants No. 5 & 6 through a registered sale deed dtd. 2/6/1958 (Ex. P/9). It is further pleaded defendants No.5 & 6 further alienated the property to defendants No. 1 to 3 through an unregistered sale deed dtd. 10/1/1999 (Ex. D/2).