BAJRANG Vs. PRATAP SINGH YADAV

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the plaintiffs is as under:- "Whether the Court below, after holding that there was no partition between the plaintiffs and their father, was justified in holding that the land in dispute fell into the share of Jhamu ?" (For the sake of convenience, parties would be referred hereinafter as per their status shown in the plaint before the trial Court.)

(2.) The suit property originally belonged to Jhamu. The plaintiffs are sons of Jhamu, defendant No.2 is Jhamu's daughter and defendant No.1 is his grandson in whose favour Jhamu executed registered sale deed dated 1.9.95 (Ex.P-2) for cash consideration of 10,000/- transferring his 2.59 acres of land and thereafter Jhamu died on 10.4.96. Two plaintiffs, sons of Jhamu, filed a suit for declaring that sale made by their father in favour of their sister/defendant No.2 and their daughter's son defendant No.1 is null and void and they are entitled for declaration of title, permanent injunction and confirmation of possession.

(3.) The defendants filed their written statement and denied the averments made in the plaint and prayed for dismissal of suit and also made counter-claim for declaration of title and for possession after removing the encroachment made by the plaintiffs.