LAWS(CHH)-2017-12-48

YADU PRASAD Vs. PREMKUNWAR AND OTHERS

Decided On December 12, 2017
Yadu Prasad Appellant
V/S
Premkunwar And Others Respondents

JUDGEMENT

(1.) In this second appeal, challenge is levied to the judgment and decree dated 16-11-2016 passed by the Additional District Judge, North Bastar, Ranker in Civil Appeal No. 19-A/2016 whereby lie affirmed the order dated 12-7-2016 passed by the 1st Civil Judge Class-1, North Bastar Ranker in Civil Suit No. 86A/2013 whereby and whereunder she dismissed the suit of the appellant.

(2.) It is admitted by respondents No. 1 and 2 that the appellant is the son, respondent No. 1 is wife, respondent No. 2 is daughter of Amritlal Mishra. In the name of late Amritlal Mishra, 5.40 hectare land is recorded in the land records of village Markatola. Amritlal Mishra died in the year 2003. After his death entire land was recorded in the name of the appellant and respondent No. 1 in revenue record. Respondent No. 1 has executed a gift deed on 26-4-2013 regarding Khasra No. 631 Rakba 0.71 RA.

(3.) In brief, case of the appellant is that respondent No. 1 could not have executed the gift deed regarding disputed land without obtaining his consent.