AASHISH SHARMA Vs. SURESH SHARMA AND OTHERS

JUDGEMENT

(1.) Heard on admission.

(2.) This appeal by plaintiff, under Section 100 of the Code of Civil Procedure (for short "the Code") is directed against the judgment and decree dated 29/1/2014 passed by I ADJ, Bhind in Civil Appeal No. 50A/2012, whereby judgment and decree dated 5/7/2011 passed by the trial Court in Civil Suit No. 52A/09 was affirmed. The trial Court had dismissed the suit for declaration of title and injunction, as well as, for declaration of sale deeds dated 7/1/2009 and 16/7/2008 as null and void.

(3.) The facts necessary for disposal of this appeal are to the following effect: Defendant Nos. 1 to 4 being real brothers and sisters, are children of defendant No.1 Jivaram and defendant no.6 Mahadevi. Petitioner -Plaintiff is the grand son of defendant no.1, being son of Suresh who is son/legal representative of defendant no.1 and defendant no.5 is the daughter -in -law of defendant no.1 and wife of defendant no.2. Defendant No.1 Jivaram, Pahalwan and Ramnaresh were real brothers and son of Ganga Prasad. On 7/1/09 and 16/7/08, defendant no.1 Jivaram executed two sale deeds in favour of defendant no.5 in respect of the land in question.