HEMSAGAR Vs. JANAK RAM

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree dated 03.01.2003 passed in Civil Suit No.68A /99 by the Second Additional District Judge, Raigarh, whereby the suit was decreed in favour of the plaintiff Janak Ram, the minor, by holding that the sale deed dated 09.02.1998 executed by his grandfather in favour of Hemsagar the defendant No.1 was not binding on the plaintiff. Further it was decreed that the plaintiff was entitled for the possession over the suit land and is the owner of the suit land.

(3.) The plaintiff Janak Ram, who was 17 years old at the time of filing of the suit, filed the suit through his next friend/guardian father namely Devcharan Sahu against his grandfather Sakram and the purchaser of the land namely Hemsagar. During the pendency of the suit the Sakram, who was the grandfather of Janak Ram died as his name was deleted from plaint. The plaintiff contended that the suit was filed for declaration, permanent injunction and subsequently the prayer for possession was added. It was stated that at village Nandigaon a land bearing Khasra No.114/2, admeasuring 0.452 hectares and Khasra No.114/3, admeasuring 0.373 hectares, which was described as suit land was purchased by Sakram, the grandfather of the plaintiff Janakram. It was stated that the grandfather subsequently on 09.02.1998 sold the subject land to Hemsagar and thereafter Hemsagar got his name mutated in the revenue records.