GANGA PRASAD Vs. NAND KUMAR

JUDGEMENT

(1.) Heard on admission. This second appeal has been filed by the plaintiffs losing from the two Courts below assailing the judgment and decree dated 24.2.2009 passed by the lower appellate Court in Civil Appeal No.59-A/2008 and the judgment and decree dated 15.10.2008 passed by the trial Court in C.S. No.216-A/2008.

(2.) Defendant No. 1 was the purchaser of land of Khasra Nos.245 and 447(old) and Khasra Nos.265 and 268 (new) 58 decimal situated in village Sursa Khurd, tahsil Raipur Karchuliyan, district Rewa by registered sale deed dated 29.11.1965 from Brijkumar. At the time of mutation dispute arose due to objection raised by Ramkumar, who is legal heir of Sitaram, however, a suit was filed before the Court seeking declaration that the sale deed executed by Brijkumar with respect to the said land in favour of the defendant No. 1 is void ab initio because it is an ancestral property and the partition has not taken place, however, the prayer so made is to declare that Brijkumar has no right, title and interest and also the sale deed so executed by him in favour of defendant No. 1 is void ab initio.

(3.) Defendants No. 1 to 6 have filed their written statement stating the fact that the partition has taken place in 1958-59 and the land which was purchased by them is of the ownership of Brijkumar, however, he has rightly executed the sale deed of the said land. The suit filed by the plaintiffs after such inordinate delay is barred by limitation and not maintainable. After hearing learned counsel for the parties the trial Court as well as lower appellate Court found that the suit property was the ancestral property but the partition thereof has taken place somewhere in the year 1958-59 and the evidence to that effect is available, however, it is held that the execution of the sale deed by Brijkumar with respect to the disputed land in favour of defendant No. 1 is valid and the plaintiffs are not entitled to claim right, title and interest in the said land.