HIRAMANI Vs. RAMAVTAR PATEL

JUDGEMENT

(1.) This second appeal under Section 100 of the CPC is directed against the judgment and decree dated 2.12.1993 passed in Regular Civil Appeal No.66-A/1992 by Second Additional District Judge, Sidhi arising out of the judgment and decree dated 7.11.1985 passed in Civil Suit No.58- A/1975 by the First Civil Judge,Class -I, Sidhi and is admitted on the following substantial question of law:

(2.) Brief facts of the case are that the respondents/plaintiffs filed a suit seeking declaration, possession and injunction against the original appellant/defendant on the grounds that the sale deed executed in favour of original appellant was not binding on them and that the appellant would not get any title on the basis of sale deed dated 27.8.1975 as the executant of the sale deed was having no right, title or interest to transfer the suit land in favour of the original appellant. It was stated that originally one Shiv Prasad Patel was having certain interest over the property in suit. The said Shiv Prasad had two sons namely Garul @ Chandi and Deenbandhu. Deenbandhu died intestate. Garul had four sons namely Ramavtar @ Girdhari, Ram Sevak, Shiv Sevak and Ram Jiyavan. The property in suit was in fact obtained by Garul and Deenbandhu and the same remained recorded in their names. After the death of Deenbandhu, the entire land in suit and the property were inherited by Garul and after the death of Garul, by his legal representatives before the court below. It was found that a part of the land bearing Survey No. (old) 676 area 0.25 acre was got recorded in the name of original appellant/defendant and when he tried to dispossess the respondents/plaintiffs, the suit was required to be filed.

(3.) The suit was contested by the original appellant/defendant on the ground that the land in dispute was not belonging to Garul exclusively nor was inherited by the respondents/plaintiffs after the death of Garul. It was contended that the original person Shiv Prasad was having only one son Garul, who had four sons, Ramavtar, Ram Sevak, Shiv Sevak and Ram Jiyawan. One Ratan Patel was having three sons and one daughter namely Deen Bandhu, Man Bahore, Kandhar and Dulariya. After the death of Ratan Patel, Deenbandhu, Man Bahore and Kandhar died intestate, therefore, the entire property went to Ms. Dulariya, who executed the sale deed in favour of the original appellant transferring the land in suit. By virtue of sale, the original appellant became the title holder of the land and thus no decree, as claimed, could be granted in favour of the respondents/plaintiffs.