PREM SINGH S/O NIJAM SINGH Vs. AERAM

JUDGEMENT

(1.) Heard on admission.

(2.) This is the Appeal filed by defendant No. 1 Premsingh under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 31.01.2017 passed by the 1 st Additional District Judge, Balod in Civil Appeal No. 45A2014 by which, the lower appellate Court, while affirming the judgment and decree dated 06.01.2009 passed by the 1st Civil Judge, ClassII, Balod in Civil Suit No. 55A2007, has dismissed the Appeal.

(3.) The undisputed facts of the case are that the Plaintiffs Aeram and Ubheram being sons of one Nizam instituted a suit claiming declaration of title and injunction with regard to the suit property described in plaint para 5 by claiming 13rd share each by submitting inter alia that these properties are purchased by their father Nizam, though it was purchased in the name of defendant No. 1 Premsingh. It is pleaded further that since the entire sale consideration was paid by their father Nizam, therefore, after the death of Nizam, they are entitled to claim over the suit property to the extent of 13rd share each.