SURESH KUMAR JAGATRAMKA Vs. MAHESH KUMAR JAGATRAMKA

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 06.01.2017 passed by First Additional District Judge, Raigarh (C.G.) in Civil Suit No. A/116/2011, wherein the said court dismissed the suit filed by the appellant/plaintiff for declaring sale-deed dated 05.09.2011 & 09.09.2011 void executed by respondent No. 1 & 2 in favour of respondent No. 3 regarding land bearing Sheet No. 44, plot No. 3 in which a house is constructed situated at Raigarh (C.G.).

(2.) As per the appellant/ plaintiff, the suit property is situated in Gandhi Chowk, Raigarh and it was given by his grandfather to his mother and as the same is ancestral property, the appellant has legal right over it by birth. The property in question was earlier recorded in the name of mother of the appellant, but respondent No. 1 taking advantage of recording name of his mother, got registered the sale-deed without information of his mother. Mother of the appellant died in the year 1995 thereafter, respondent No. 1 got recorded his name in the property in question. The appellant filed a suit before the trial court, but the said court dismissed the suit contrary to the facts and legal aspects of the matter.

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