MOHIT RAM SAHU Vs. BISAUHA RAM SAHU

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 30- 4-2008 (Annexure A/1) passed by the Additional District Judge, Bhatapara, District Raipur (CG) in Civil Suit No. 24-A/2007 wherein the said court dismissed the suit filed by the appellant/plaintiff for declaring his title over property bearing survey No. 554/3 area 0.673 hectares again Survey No. 553/3 area 0/673 hectares and survey No. 552/1 area 0.397 hectares situated at village Pendry, Tahsil Bhatapara and for possession of the same.

(2.) Original respondent No.1 Bisauha Ram Sahu was father of the appellant and Kewra Bai is mother of the appellant. Kewra Bai executed sale deed in favour of respondent No.5 Sukhmati Bai for land bearing Khasra No.554/3 area 0.673 hectares as per Ex.P/2 and in favour of despondent No.6 Smt. Mohar Bai for the land bearing survey No. 554/3 area 0.673 hectares as per Ex.P/3 while Bisauha Ram Sahu executed sale deed in favour of respondent No.2 Mohanlal for the land bearing survey No. 552/1 area 0.397 as per Ex.P/4. As per appellant decree was passed in Civil Suit No. 7-A/2005 vide judgement and decree dated 28-6-2008 for partition and appellant is joint owner of the property, therefore, sale deed executed by his father and mother is illegal, therefore, decree ought to have been passed in his favour but the trial court dismissed the suit contrary to factual matrix and legal aspect of the matter.

(3.) Learned counsel for the appellant submits as under.