LOLO DEAD Vs. DURGHATIYA

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 29-10-1988 passed by IInd Additional Judge to the Court of District Judge, Satna in Civil Appeal No. 138-A/87, arising passed by IInd Civil Judge Class-I, Satna, in Civil Suit No. 52-A/82.

(2.) The respondents-plaintiffs filed a suit for declaration and permanent injunction in respect of the suit land mentioned in paragraph 1 of the plaint having area 9.17 acres situate in Village Nayagaon, Tahsil Raghuraj Nagar, District Satna. It was alleged in the plaint that the suit property initially belonged to Vanshgopal Singh whose three sons were Radhika Singh, Sunder Singh and Dadau Singh. The respondents claimed right and title to the suit land through Dadau Singh. It was alleged in the plaint that at the time of filing of the suit. Radhika Singh, Sunder Singh and Dadau Singh had died and, therefore, respondent Nos. 1, 2 and 3 were entitled to the suit property.

(3.) They claimed that they were in possession of the suit property but the present appellants had got their name mutated on the basis of sale-deed dated 10-9-1980 and they were trying to dispossess them from the suit property and, therefore, they claimed that it be declared that the suit property belonged to them and the appellants be restrained from interfering with their possession. It was further asserted that the sale-deed dated 10-9-1980 executed by Mst. Loli (since deceased) was null and void and she had no right or title to execute the sale-deed aforesaid as she was not legally married wife of Radhika Singh.