KUNDLIK Vs. REKHABAI

JUDGEMENT

(1.) Respondent Rekha Bai was plaintiff before the trial Court. She has filed a suit for declaration of title over khasra nos.185, 188/2, 209, bearing area 1.008 hectares, 0.664 hectares, and 0.429 hectares and to declare sale-deed dated 03.05.1997 to be null and void executed by defendant no.1 Rekhabai in favour of defendant no.2 and 3 namely Kundlik and Nagorao.

(2.) The case of plaintiff in short is that the suit land belonged to late Vishwanath. He was father of plaintiff. After death of his father on 15.01.1989 aunt of plaintiff namely Kamla Bai used to take care of the property. She used to give agricultural fields on lease and used to give income to the plaintiff. Later on, she sold the land in question illegally. Plaintiff learnt about the registered sale-deed on 30.05.1997. In view of aforesaid circumstances of the case, appellant was forced to file the present suit.

(3.) Defendant no. 1 and defendant no.3 had filed a written statement and stated therein that defendant no.2 and 3 had purchased the land in question bona fidely by registered sale-deed dated 30.05.1997. Kalabai, who was caretaker of the plaintiff had sold the land in question in the interest of plaintiff. She was guardian of the plaintiff and was taking his care. Plaintiff never had any possession over the disputed land. Defendant no.1 has not taken the advantage of plaintiff being minor. It was further stated that plaintiff has not filed a suit immediately after becoming major and suit filed by the plaintiff is barred under Limitation Act .