ANIL Vs. GATTULAL

JUDGEMENT

(1.) THE appellants-plaintiffs have filed this appeal under section 100 CPC against the judgment and decree dated 8.8.2003 passed in Civil Appeal No. 24-A/01 by the learned IVth Additional District Judge (Fast Track) Dhar, reversing the judgment and decree dated 30.7.1998 passed by the learned Civil Judge Class-I, Badnawar district Dhar in Civil Suit No. 3-A/97.

(2.) ADMITTED facts of the case are that the plaintiffs No. 1 and 2 are the minors and the plaintiffs No. 3 and the defendant No. 2 are their mother and father. It is also the common ground that the suit land bearing Khasra No. 574/1, 574/2,574/3, 575/1, 575/4 & 575/5 situated at village Kachhi Baroda was the ancestral property of the plaintiffs No. 1 & 2 and that defendant No. 2 Bhanwar Singh has executed the registered sale deed dated 25.5.1995 in favour of defendant No. 1 Gattulal and the name of defendant No. 1 is mutated in the revenue record and he is in possession of the suit property.

(3.) THE defendants No. 2 to 8 remained ex-parte. The defendant No. 1 has alleged that the suit land was received in partition by defendant No. 2, who has executed the sale deed after taking consideration and provided possession of the suit land to the defendant No. 1. It is denied by the defendant No. 1 that the sale deed was got executed from the defendant No. 2 by administring liquor to him or that the defendant No. 2 had no right to exetute the sale deed in favour of the defendant No. 1.