JANAK RAM Vs. GANESH RAM

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 21-3- 2005 passed by the Additional District Judge (FTC), Kabeerdham (CG) in Civil Suit No. 6-A/2003 wherein the said court declared sale deed void executed by late Tokhan in favour of appellant Janak Ram as per Ex.D/3 and sale deed executed in favour of respondents Shri Ram, Shiv Kumar and late Badhri as per Ex.D/34 and subsequent sale deed executed by Janak Ram in favour of respondents No. 4 to 6 and in favour of Shri Ram, Shiv Kumar and late Badhri and declared title of respondent No.1 Ganesh Ram and respondent No.2 Anju and also granted decree of injunction.

(2.) Respondent No.1/plaintiff is son of Tokhan and respondent No.2 is also son of Tokhan. Respondent No.1/plaintiff filed a suit for declaration/permanent injunction and for declaring sale deed void regrading land bearing Khasra No. 53/01 rakba 0.26 acres, Khasra No.511/2 area 1.02 acres, Khasra No. 654/1 area 0.09 acres, , 0.40 acres of the eastern portion of Khasra No. 659, Khasra No. 858/1, rakba 0.34 acres,0.35 acres of Khasra No.659 and Khasra No. 659/1 rakba 0.40 acres situated at village Dhobghatti, Patwari Halka No. 13, Tahsil and Revenue Circle Pandariya, District Kabeerdham and executed by his father Tokhan as per Exs. D/3 and D/34 as mentioned above. The suit was filed on the ground that Tokhan who is father of respondent No.1 was taken to the house of Janak Ram on 16-5-1995 where Tokhan resided for about 15 days and between this time on 24-5-1995 a sale deed got executed. Said Tokhan did not receive any consideration for the suit property. The land in question is co-parcenery property which is not partitioned and respondent No.1 and his brother Anju- respondent No.2 are having interest over the property that is why suit was filed. As per the appellants, the property in question was acquired by Tokhan in partition and sale deed was executed for legal necessity. After hearing of both sides, the trial court decreed the suit as mentioned above.

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