DUKHIRAM KORI Vs. RAMNARAYAN

JUDGEMENT

(1.) This is plaintiff's second appeal preferred under Section 100 of the Code of Criminal Procedure, 1908 (hereinafter referred to as 'CPC') against the judgment and decree dated 12/01/2011 passed by 9 th Additional District Judge (F.T.C.), Bilaspur (C.G.) in Civil Appeal No. 06-A/2010 by which, the lower appellate Court while affirming the judgment and decree dated 29/06/2009 passed by the Civil Judge Class-II, Takhatpur in Civil Suit No. 143-A/2009, has dismissed the appeal.

(2.) The undisputed facts of the case are that the plaintiff Dukhiram (since deceased now represented by his legal representatives) instituted a suit for declaration of title and injunction by submitting inter alia that by virtue of sale deed (agreement) dated 25/05/2002, he has purchased the suit property bearing Kh. No. 783 admeasuring 0.28 acres and Kh. No. 803/2 admeasuring 0.24 acres, total admeasuring 0.52 acres situated at village Sakri Tahsil Takhatpur District Bilaspur from his brother (Ramnarayan alias Raju), the defendant No. 1.

(3.) According to the plaint averments, the defendant No. 1 even upon alienating the suit property to the plaintiff as such has sold the suit property bearing Kh. No. 783 admeasuring 0.28 acres to defendant No. 3 Abhay Sharadchandra by executing a registered deed of sale dated 16/10/2002 and likewise by yet another deed of sale dated 11/11/2002 sold Kh. No. 803/2 admeasuring 0.24 acres to defendant No. 2 Smt. Premlata Dubey. It is therefore pleaded further that the defendant No. 1 was not at all entitled to alienate further the suit property as such to the defendants. It is pleaded further that further sale as made by defendant No. 3 with regard to Kh. No. 783 admeasuring 0.28 acres to defendant No. 6 Subhash Yadav would also not confer any right, title or interest upon him. It is pleaded further that since the suit property has been sold by defendant No. 1 as such to defendants even after alienating the same to him, therefore the plaintiff has been constrained to file the suit in the instant nature for declaration of title and injunction.