JANKI PRASAD Vs. RAMBALI

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff-Janki Prasad challenging the judgment and decree dtd. 9/3/1998 passed by learned 3rd Additional District Judge, Satna in Civil Appeal No. 10- A/89 confirming the judgment and decree dtd. 11/7/1989 passed by learned 2nd Civil Judge Class-I, Satna in Civil Suit No. 9A/82 (old no.97-A/73) and 9A/1/82 dismissing both the civil suits.

(2.) In short the facts are that the plaintiff/appellant instituted civil suit No. 9A/82 for declaration that the sale deed dtd. 18/5/1972 (Ex.P/11-c) executed by his father Laxmiprasad in favour of defendant 1-Rambali to be null and void. Another civil suit No. 9A/1/82 was also filed by plaintiff/appellant for declaring the sale deed dtd. 3/7/1970 (Ex.P/11) null and void executed by his father Laxmiprasad in favour of Gayaprasad, who is father of Rambali.

(3.) The said civil suits were filed for declaring the sale deeds dtd. 3/7/1970 and 18/5/1972 as null and void on the ground that plaintiff-Janki Prasad's father Laxmiprasad did not possess any legal right to alienate undivided joint Hindu family property to the purchasers Rambali and Gayaprasad and there was no legal necessity to alienate undivided joint Hindu family property. With these allegations the suits were filed.