DIPIKA Vs. HALAL KHORIN

JUDGEMENT

(1.) MATTER was finally heard.

(2.) THE Defendants/Appellants are aggrieved by the judgment and decree dated 5.9.1998 delivered by Additional District Judge, Kanker in C.S. No. 16-A/1996 whereby the Plaintiffs/Respondents' suit for declaration of title on the basis of a registered sale deed executed by Banshi Das, Dhurra Das and Babu Das on 5.2.1971 in favour of the Plaintiff and for a declaration that the sale deed executed by Banshi Das, Dhurra Das and Babu Das in favour of Defendant No. 4 of a part of the same land on 8.4.1996 is void and also for a permanent injunction to restrain the Defendants No. 1,2 and 4 from interfering with the possession of the Plaintiff over the suit land, was decreed in favour of the Plaintiff.

(3.) ON the other hand Shri N.K. Agrawal, learned Senior Advocate appearing on behalf of the Respondents as also Shri Akhil Agrawal, Panel Lawyer for the State though not disputing that on the date of sale Milap was a minor aged 3-4 years urged that the Plaintiff had specifically pleaded that Ganesh, father of the Plaintiff had purchased the suit lands on 5.2.1971 in the name of minor Plaintiff and execution of the sale deed at the behest of the father of the Plaintiff was also not disputed by the Defendants in the written statement. In this view of the matter, the transaction was at the most a Benami transaction and could not be held to be void.