KEERAT SINGH RANDHEER SINGH GUJAR AND GOVIND SINGH RAGHURAJ SINGH Vs. RAMJEE MANAK SHRIKAMAL BHAIYALAL GUJAR AND STATE OF M P

JUDGEMENT

(1.) INVOKING appellate jurisdiction of this Court under Section 96 of the Code of Civil Procedure, the appellants have filed this appeal challenging the legality, validity and propriety of the judgment and decree dated 2. 4. 04 passed by A. D. J. , Sohagpur, In C. S. No. 10-A/2000 decreeing the suit of plaintiff/respondent No. 1 for declaring the sale deeds dated 13. 5. 83 executed by respondent No. 2 in favour of appellants No. 1 and 2 as void.

(2.) THE facts which led to. filing of this appeal in nutshell are that respondent No. 1 filed a suit against the defendants stating that defendant No. 2 is his natural father. He was adopted by one Manak vide registered adoption deed dated 22-5-76. He is governed by Mitakshara Banaras School of Hindu Law. His natural father in addition to him had one son and daughter namely Mahesh and Rama Bai. Mahesh died on 8. 10. 81.

(3.) THE plaintiff has pleaded that when his age was 13 years, during his minority, his natural father defendant No. 3 Shrikamal executed a sale deed of his property in favour of defendant No. l Keerat Singh claiming himself to be his guardian and accepted consideration of Rs. 10,000/-; while the house was In possession of the plaintiff. Similarly on 13. 5. 83 itself, defendant No. 3 sold 10 acres of land out of land survey No. 442 area 13. 51 acres owned by the plaintiff for a consideration of Rs. 40,000/- and delivered possession to defendant No. 4. The consideration received by his natural father was not given to him.