JANG BAHADUR Vs. SHIV LOCHAN AND 3 OTHERS

JUDGEMENT

(1.) This is plaintiff's second appeal under section 100,C.P.C.

(2.) The plaintiff instituted a suit for cancellation of the sale deed dated 14.10.1983 and permanent injunction restraining the defendants from interfering in his possession. Plaintiff's case is that original owner of plot no. 65 area 35 dismal and plot no. 56 area .04 dismal, was Shanker who was his grandfather. The suit property has been transferred illegally by defendant no. 4 (defendant second set) in favour of defendant no. 1 to 3 (defendant first set. It is necessary to set out genealogy of the parties :

(3.) It is stated in the plaint that Shanker, grandfather of the appellant had two sons namely Seeta (dead) and Raju ( dead), of whom Raju died issueless. Seeta has five sons namely Ram Sakal, Ram Chandra, Jeeta, Jang Bahadur and Dasarath. Ram Sakal, Ram Chandra and Dasarath died issueless. Consequently, the appellant alongwith fourth respondent Jeeta and Shanker became co tenure holder of the aforesaid land and they were in possession of the land in dispute. It is stated that defendant-respondent no. 4 herein by showing himself as son of Ram Chandra who died issueless, has sold 1/4th his share to respondent no. 1 and 2 by registered sale deed dated 14.10.1983 in a clandestine manner. The appellant had no knowledge about the sale deed. After the aforesaid sale deed, Shanker also died. Thus, the appellant and respondent no. 4 became co tenure holder of the aforesaid land.