PARMILA BAI Vs. NARAD RAMLABIC

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in the plaintiffs' second appeal are as under:-

(2.) It is the case of the plaintiffs that Moolchand Kalar had three sons namely Hagru, Ankalu and Shyam Sunder. Parmilabai, widow of Shyam Sunder and Sukbati, daughter of Shyam Sunder, both filed a civil suit for declaration of their title and also seeking declaration that sale deed dated 2.1.1995 (Ex.P/1) executed by defendants No.1 & 2 in favour of defendant No.3-Narad Ram is null and void as the suit property fell in the share of Shyam Sunder in partition and defendants No.1 & 2 had no right and interest over the suit property and sale made/alienation made is void and not binding on them.

(3.) Defendants No.1 to 3 filed their joint written statement stating inter-alia that in the family partition, the suit land fell in the share of defendants No.1 & 2 and they have rightly sold the suit land in favour of defendant No.3, as such, the suit is liable to be dismissed.