RAJAU RAM Vs. RAJARAM

JUDGEMENT

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

(2.) The suit property was owned by Shri Girdhari Lal, who sold the suit property to defendants No.2 to 4 by registered sale deeds dated 20.3.98 and 30.10.99 and thereafter he died on 8.4.2000. After his death, his two sons namely Rajau and Tejau/plaintiffs herein filed a suit for declaration of title and permanent injunction against defendants No.2 to 4, who are grandsons of Girdhari Lal stating inter-alia that sale deeds have been fraudulently executed by Girdhari Lal in favour of defendants No.2 to 4 without payment of consideration in which they have 2/3rd share in the suit property. Therefore, the decree for possession and permanent injunction be granted in their favour.

(3.) The defendants filed their written statement stating inter-alia that the suit property fell in share of Girdhari Lal on partition dated 11.3.85 (Ex.P/1), he was entitled to alienate the suit property in favour of defendants No.2 to 4 and has rightly been alienated on passing of consideration amount. Therefore, the suit deserves to be dismissed. The trial Court after appreciating oral and documentary evidence available on record, by its judgment and decree dated 30.11.2002, decreed the suit, which was reversed by the First Appellate Court in appeal preferred by the defendants. Questioning legality and validity of the judgment and decree passed by the First Appellate Court, this second appeal under Section 100 of the CPC has been filed by the appellants/plaintiffs, in which substantial questions of law have been framed by this Court, which have been set-out in opening paragraph of this judgment.