RAM PRASAD Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The appellant/plaintiff has filed the appeal under Section 96 of the Civil Procedure Code, being aggrieved by the judgment and decree dated 12.4.2001 passed by the Court of Additional District Judge, Gohad District Bhind in Civil Suit No.11A/2000, dismissing the suit for declaration of title permanent injunction and cancellation of sale deed dated 5.4.2000 executed by Shyam Lal in favour of defendant No.1 Rajendra Singh. In this appeal plaintiff is referred as appellant and defendants as respondents.

(2.) The admitted facts are that the plaintiff Ramprasad and defendants No.1 Rajendra Singh, defendant No.2 Ram Lakhan are real brothers and defendant No.3 Smt. Panchobai is the mother, and Shyam Lal was the father of them. The disputed agricultural land was recorded in the name of Shyam Lal as Bhoomiswami. Earlier the plaintiff filed a suit No.8A/86 for declaration of title to 1/4 share in the disputed agricultural land and permanent injunction before the Court of Additional District Judge, Gohad against his father Shyam Lal stating that the disputed agriculture land is ancestral property. His father inherited the disputed property from his father. The said suit was withdrawn vide order dated 22.3.1987 in Lok Adalat. After dismissal of the suit the father of the plaintiff Shyam Lal executed a sale deed dated 5.4.2000 in favour of his son Rajendra Singh defendant No.1.

(3.) Facts in brief of the plaint are that, the disputed agricultural land is the ancestral property of plaintiff and the father Shyam Lal who inherited the disputed agricultural land from his father, thus the plaintiff has 1/4 share in the disputed land being ancestral property. Shyam Lal has no right to sale the entire disputed agricultural land to defendant No.1. Hence, suit for the relief as stated earlier was filed on 9.5.2000 against the defendants.