BABULAL GUPTA Vs. RATANLAL GUPTA

JUDGEMENT

(1.) Appellant was plaintiff before the Trial Court, who has filed a civil suit for declaration & permanent injunction declaring the sale deed dated 10/12/2001 to be null and void and for partition and possession of the land pertaining to Khasra No.120 admeasuring 1.38 acres.

(2.) Learned Trial Court vide its judgment dated 21/12/2013 dismissed the Civil Suit No.47A/2009 filed by the plaintiff. The judgment & decree passed by the Trial Court was challenged in Regular Civil Appeal No.16A/2015 before the 1st Additional District Judge, Sidhi. The learned 1 st Appellate Court vide its judgment & decree dated 15/12/2015 dismissed the said appeal affirming the judgment & decree passed by the Trial Court.

(3.) The facts of the case in short is that Mohan Lal Gupta was married to Sukharjua Devi and Ratan Lal was brother of Mohanlal Gupta. Mohan Lal Gupta had two sons, namely, Babulal and Shyam Lal and three daughters, namely, Rajakumari, Phoolvati, Rambati. One of the son of Mohanlal Gupta, namely, Babulal filed a suit for declaration, permanent injunction declaring the sale deed dated 10/12/2001 to be null & void and for partition and possession of the land pertaining to Khasra No.120 admeasuring 1.38 acres. It was submitted by the plaintiff before the Trial Court that the property in question is a joint family property and it was purchased from common income of the family. Due to the said reason, it was averred by the plaintiff that the sale deed dated 10/12/2001 is null & void with a further prayer for partition of the land bearing Khasra No.120.