RAMESHWAR AND ORS. Vs. ROOPKISHORE AND ORS.

JUDGEMENT

(1.) THIS second appeal under Section 100 of the Code of Civil Procedure is filed against the judgment and decree passed by 1st ADJ, Ujjain in Civil Appeal No. 22 -A/ 2013 on 22.10.2013 whereby the judgment and decree passed by Civil Judge, Class -I, Badnagar in Civil Suit No. 31A/ 2006 on 28.07.2011 has been affirmed.

(2.) BRIEF facts of this case are that the appellants and Respondent No. 1 are the real brothers and admittedly their father Mohanlal got the land of Survey No. 682 area 2.853 hectare (New Survey No. 1162 area 2.85 hectare) and Survey No. 1355 area 0.42 hectare (New Survey No. 673 area 0.04 hectare), total area 2.895 [in brief "suit land"] in a partition between him and his brothers. Thus, the suit land is the coparcenary property. The appellants/ plaintiffs filed the suit that their father Mohanlal died in the year 1981. Since the year 1981 till the year 2003 -04, the Respondent No. 1 gave them share in the agriculture income from the suit land but thereafter Respondent No. 1 stopped to give the share in the income from the suit land. Then they got the knowledge about the registered sale deed which was executed by their father Mohanlal in favour of their brother Respondent No. 1 - Roopkishore. The suit land is a coparcenary property. Thus, their father Mohanlal has no authority to sell the suit land to Respondent No. 1. They never gave consent for sale. Each appellant has 1/3rd share in the suit land. Thus, the sale deed is not binding on the appellants and is void.

(3.) THE Trial Court framed 7 Issues. Both the parties adduced their evidence. The Trial Court has dismissed the suit. The plaintiffs/appellants have filed the appeal. Learned first appellate Court has dismissed the appeal and affirmed the judgment and decree passed by the Trial Court. Being aggrieved with this judgment, the appellants have filed this second appeal.