KESHARIMAL JAIN Vs. LAXMICHAND JAIN

JUDGEMENT

(1.) Being aggrieved by the judgment an decree dated 08/05/1997 passed by ADJ, Biaora, District Rajgarh in Civil Suit No. 18-A/1997, whereby the suit filed by the Appellant has been dismissed, the present appeal has been filed.

(2.) Undisputed facts of the case are the Appellant and Respondent No. 1 are the real brothers. The suit property was purchased by sale certificate dated 17/09/1954, by the Appellant. Part of the suit property was sole by Respondent No. 1 on 28/12/1983 to Respondent No. 2. Thereafter, suit was filed by the Appellant on 29/08/1984 in the Court of Civil Judge Class-I Biora. The suit was returned to the Appellant on 23rd of July, 1987 for filing the same before competent court. 24/07/1987 & 25/07/1987 were working days and 26/07/1987 was Sunday. Suit was filed before the court of ADJ, Biora, District Raj grah on 27/07/1987. During pendency of the suit, suit property was again sold by Respondent No. 2 to Respondent No. 3 on 17/08/1994.

(3.) In the suit filed by the Appellant it was alleged that Respondent No. 1 had no authority to sell the suit property to Respondent No. 2 and subsequently to Respondent No. 3. So for as cause of action for filing the suit, it was alleged in the plaint that the cause of action has accrued to the Appellant on 28/12/1983, when the sale deed was executed by Respondent No. 1 to Respondent No. 2. Prayer in the suit was that it be declared that the Appellant is the owner of the suit property and the Respondent No. 2 has no authority to maintain its possession over the property which has been purchased by the Respondent No. 2, vide sale deed dated 28/12/1983. It was also prayed that it be declared that sale deed dated 28/12/1983 is having no binding force on the Appellant. It was also prayed that decree of possession be passed in favour of the Appellant.