KAILASHCHANDRA Vs. PADAMSINGH

JUDGEMENT

(1.) They are heard.

(2.) This order shall govern the disposal of S.A.No.273/2014, S.A.No.274/2014 and S.A.No.276/2014, since the common question of law is involved in these appeals, therefore, they are heard together and disposed of by this common order. For the sake of convenience the facts are borrowed from S.A.No.272/2014.

(3.) This appeal has been filed by defendant No.3 - Ram Singh, against the judgment and decree dated 10.4.2014, passed in Civil Appeal No.10-A/13, whereby the lower appellate Court affirmed the judgment and decree of the trial court by which suit of the respondent Nos. 1 and 2 - Plaintiffs was decreed and dismissed the appeal. The suit land of 12.45 hectares situated at village Gogapur Tehsil Mahidpur, was owned by Udaji. Balu Singh, Bheru Singh and Ram Singh are sons of Udaji. After the death of Udaji, all the three sons were jointly in possession of the aforesaid land, which is ancestral property. Defendant No.1 - Ram Singh, executed a sale deed in favour of defendant No.3 Kailashchandra by registered sale deed dated 14.12.1998. The said sale deed was challenged by the respondent Nos. 1 and 2 - Plaintiffs, on the ground that suit land is jointly recorded in the name of three sons of Udaji and they are jointly owned the said land and unless and until the partition is effected, the defendant No.1 had no right to execute the sale deed in favour of the respondent No.3. He challenged different sale deeds in all the three appeals by filing suit for declaration to declare the sale deed as null and void and also prayed for grant of permanent injunction, restraining the respondent No.3 from interfering in their possession.