NAND KISHORE AND OTHERS Vs. BALRAM AND OTHERS

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 22/2/2013 rendered in Civil Appeal No. 7A/2012 affirming the judgment dated 22.3.2012 and decree dated 23.3.2012 (Nand Kishre and others Vs. Balram and others) in Civil Suit No.26-A/2010.

(2.) Facts necessary for the disposal of this appeal are that, plaintiffs appellants filed a suit for declaration of sale deed dated 2.7.1999 and 31.1.2003 as null and void and for permanent injunction against defendants No. 2 and 3 not to interfere in the possession of the plaintiffs. At the same time, in the alternative, it was prayed that the possession of the suit property be ordered to be handed over to the plaintiffs

(3.) The subject matter of suit property is half part of agriculture land bearing Survey No. 733/2 Rakwa 0.28 Hectare and Survey No. 734 Rakwa 0.60 Hectare situated in village Rarua Jeevan Tehsil and District Datia, previous survey number of the suit land was 563 Rakwa 0.882 Hectare. It is also admitted that plaintiffs 1 to 4 are sons of defendant No.1 and defendant No.3 is the son of real sister of defendant No.1.