SUSHEEL RAO DHOTE Vs. JAGAMATBAI AND OTHERS

JUDGEMENT

(1.) This is the Plaintiff's Appeal against the judgment and decree dated 12.5.2016 passed by the Additional District Judge, Raipur in Civil Appeal No.4-A/2012 by which the lower appellate Court, while affirming the judgment and decree dated 8.2.2012 passed by IVth Civil Judge, Class-II, Raipur in Civil Suit No.153-A/2010, has dismissed the Plaintiff's claim.

(2.) The undisputed facts of the case are that the Plaintiff Susheel Rao has instituted a suit claiming declaration of title, permanent injunction and also praying for declaration with regard to the fact that the sale deed executed on 3.3.1997 by Defendant No.4-Premjee Rao in favour of Defendants No.1 to 3 be declared as null and void. It is pleaded that the Plaintiff's grandfather Kushal Rao was the erstwhile owner of the property in question bearing Khasra No.266 measuring area 14,656 sq.ft. It is pleaded further that after the death of his grandfather, the said property was acquired by his father Tanchan Rao and upon his death, the Plaintiff acquired the property in question by way of inheritance. It is pleaded further that since the Defendants are trying to interfere with their peaceful possession, therefore, the Plaintiff has been constrained to file a suit in the instant nature.

(3.) The Defendants have contested the Plaintiff's claim by stating the Plaintiff's grandfather was not the owner of the property in question and therefore, the Plaintiff is not entitled to question the sale executed in the year 1997 in their favour by Defendant No.4.