DAYAWATIS Vs. MADAN LAL VARMA

JUDGEMENT

(1.) This Second Appeal has been filed against judgment and decree dated 25-9-1998 in Civil Appeal No. 523 of 1986 allowing the appeal and dismissing the suit of appellants.

(2.) The present appellants filed the suit No. 109 of 1985 for the relief of declaration that the sale deed executed by Nava Ratan Lal regarding the disputed house No. 473-A, Shahganj, Allahabad in favour of Ghasi Ram Chaurasiya, respondent No. 3 and subsequent sale deeds executed by Ghasi Ram in favour of respondents No. 1 and 2 are void and not binding upon the appellants.

(3.) In brief, the appellants pleaded in the plaint that the house in dispute was acquired by Sri Parmeshwar Dayal grand father of Nava Ratan Lal and it was ancestral property in the hands of Nava Ratan Lal, who was defendant No. 1 to suit, but died during the pendency of the suit in the year 1997 and therefore was not impleaded as party in this appeal. The appellants are widow, sons and daughters of Nava Ratan Lal. It was further alleged in the plaint that the sale deed was obtained by fraud from Nava Ratan Lal. It was obtained without consideration. That in fact there was only loan transaction, but the sale deed was got executed by fraud. It was further pleaded that Nava Ratan Lal had no legal necessity to execute the sale deed. The appellants are co-sharers in the house in dispute and have acquired right of ownership of the same by birth, therefore the sale deed executed by Nava Ratan Lal was not binding on the appellants. That subsequent sale deed executed by respondent No. 3 in favour of respondents No. 1 and 2 was without any authority hence void.